SIG SAUER Settles P320 Class Action Lawsuit

SIG SAUER P320 XCompact 9mm Pistol

SIG SAUER P320 XCompact (Josh Wayner for TTAG)

SIG SAUER was sued in 2018 by a Missouri man, David Hartley, who claimed that his SIG P320 was able to fire when out of battery. That case ultimately became a class action lawsuit. SIG SAUER has reached a settlement in the matter and has issued the following statement:

Dear Valued Customer,

Although plaintiffs have not proven their claims, SIG SAUER has reached an agreement to resolve a class action lawsuit alleging that P320 pistols manufactured prior to August 8, 2017, have the ability to fire when the pistol’s slide and barrel are in an unlocked condition. The plaintiffs in this lawsuit claim that the inclusion of a mechanical disconnector in the design of the P320 pistol after August 8, 2017, a feature which is also included in the free Voluntary Upgrade Program (VUP) provided to all owners of P320 pistols manufactured prior to August 8, 2017, prevents the P320 pistol from firing in this condition.

SIG SAUER denies plaintiffs’ claims. By entering into this agreement, SIG SAUER is not admitting that any of plaintiffs’ allegations have merit, and plaintiffs have not proven their claims. In fact, it is SIG SAUER’s position that the design of the P320 pistol – both pre-upgrade and post-upgrade – prevents the P320 pistol from firing in an unlocked condition. SIG SAUER has conducted extensive testing of both the pre-upgrade and post-upgrade P320 pistols to confirm its position that the pistol will not fire with the slide and barrel in an unlocked condition.

In late 2017, SIG SAUER implemented an upgraded design of the P320 pistol to enhance the safety and performance of its P320 model pistol. All P320 owners who purchased a pistol prior to the design change are able to have their P320 pistols upgraded through the P320 Voluntary Upgrade Program (VUP). The upgraded design and implementation of the VUP was designed to further enhance the drop safety of the P320 model pistol. Although the P320 pistol met and exceeded all U.S. safety standards, it was discovered during additional testing beyond those standards that in some cases, under very specific conditions, the P320 pistol could discharge if dropped at a specific angle. Additionally, as part of this design upgrade, a mechanical disconnector was added to the P320 pistol to enhance trigger feel and consistency, as well as to prevent a “dead trigger” condition when the trigger has been pulled with the slide retracted. Although this disconnector serves as a redundant safety against the pistol firing in an unlocked condition, it is not its primary function and is not necessary to prevent such occurrences.

The SIG SAUER P320 pistol continues to meet and exceed all industry safety standards, and it is safe to carry and use in both the pre- and post-upgrade versions, when handled in accordance with the operator’s manual. However, to avoid the uncertainty and high costs of further litigation, SIG SAUER has reached an agreement to resolve this case. The forms attached below describe the rights which current and past P320 pistol owners may have under the terms of this agreement. If this agreement is finally approved by the court, these individuals may be entitled to certain benefits, including continued availability of the P320 VUP free of charge, a lifetime warranty against specific kinds of damage to the firearms, and a potential refund of amounts previously charged to repair firearms or replacement of unrepairable pistols. Please review these documents carefully to determine whether you may be eligible to submit a claim for such benefits.

NOTE: IF YOU CURRENTLY OWN A P320 PISTOL THAT WAS MANUFACTURED PRIOR TO AUGUST 8, 2017, AND WHICH HAS NOT GONE THROUGH THE VOLUNTARY UPGRADE PROGRAM, YOU DO NOT HAVE TO SUBMIT A CLAIM FORM TO HAVE AN UPGRADE PERFORMED. SIG SAUER ENCOURAGES YOU TO VISIT THE VOLUNTARY UPGRADE PAGE TO DETERMINE WHETHER YOUR FIREARM IS ELIGIBLE FOR UPGRADE, AND TO INITIATE THE UPGRADE PROCESS.

Completed claim forms can be submitted to: [email protected].

comments

  1. avatar Redd says:

    Seems like double-talk to say there is no problem with the gun, but you are going to “fix” it. How can you “fix” a gun that isn’t defective? Translation: We were going to lose the lawsuit and settled so we could claim the “problem” was never proven because the case is settled.

    1. avatar Martin Buck says:

      First they deny liability, then they confirm that their own testing showed that their wunderpistolen could fire in the circumstances the claimants allege happened in their cases. That’s not double-speak, that’s talking out of your ass. But good job fixing it for customers, as they should have done in the first place.

      1. avatar Justsomeguy says:

        Where did they say that? The earlier problem which was reported here in these pages was a drop safe issue. This is the first I’ve heard of any out of battery issue.

  2. avatar Sam I Am says:

    Always been an advocate of destroying your enemy. If you are sued, and the claim is bogus, take it to trial, don’t settle. That tactic is more for corporations than individuals, but settling a dispute leaves the original charge in the air, and considered valid by the public.

    1. avatar Martin Buck says:

      Somebody once said that if you admit your wrong and apologise, you not only make a friend, but you destroy an enemy. Marcus Aurelius, maybe?

      1. avatar Sam I Am says:

        “Somebody once said that if you admit your wrong and apologise, you not only make a friend, but you destroy an enemy. Marcus Aurelius, maybe?”

        But somehow, power was the final arbiter.

  3. avatar 2A says:

    So Sig denies any liability with their weapon, and assures us that they are completely safe and up to Military Standards, BUT they highly recommend that you send your gun in for ENHANCEMENTS, My dad taught me that if it smells like shit, it probably is shit.

    1. avatar Kyle Knocks says:

      Why are the majority of gun owners complete assholes? Not singling you out.

  4. avatar Bortan says:

    Generic corporate lawsuit announcement:

    “Honey, who are you going to believe? Me or these two lying hookers in bed with me?”

    1. avatar Jimmy james says:

      Too funny!

  5. avatar GS650G says:

    My walther doesn’t have these problems.

  6. avatar tsbhoa.p.jr says:

    i would carry the original unmodded version.
    but for the plastik stryker thing.

  7. avatar enuf says:

    Their statement reads like a load of bullcrap.

    It doesn’t smell like a load of bullcrap though.

    Because they have concealed their load of bull crap beneath a larger load of horsecrap.

    Which is a pretty chickenshit sort of thing to do.

  8. avatar obidon says:

    If you think Glocks are clunky…

  9. avatar Everyday_Carrier says:

    Bought mine in 2019.

    Still sketchy. I also have a p365. Guess I’m gonna have to do some testing with my OWB carry before I take it out again.

  10. avatar Wally1 says:

    Just buy a Glock, any Glock. There, I fixed that for you.

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