New Hampshire's new law protecting gunmakers faces first test in court over Sig Sauer lawsuit
The 2-month-old law was created by the Republican-led Legislature in response to mounting lawsuits faced by the Newington-based manufacturer over its popular P320 pistol. The lawsuits say that the gun can go off without the trigger being pulled, an allegation Sig Sauer denies.
Sig Sauer, which employs over 2,000 people in New Hampshire, said the gun is safe and the problem is user error.
Several large, multi-plaintiff cases filed since 2022 in New Hampshire's federal court representing nearly 80 people accuse Sig Sauer of defective product design, marketing, and negligence, in addition to lawsuits filed in other states. Many of the plaintiffs are current and former law enforcement officers who say they were wounded by the gun.
They say the P320 design requires an external mechanical safety, a feature that is optional. The most recent New Hampshire case, representing 22 plaintiffs in 16 states, was filed in March. It's the focus of Monday's hearing.
The new law on product liability claims against Sig Sauer and other gun manufacturers covers the 'absence or presence' of the external safety and several other optional features. Claims can still be filed over manufacturing defects.
Attorneys for Sig Sauer argue it should apply to the March case, even though the law didn't exist at the time.
'New Hampshire has a clearly articulated position against such claims being cognizable in this state,' they argue in court documents for breaking up the cases and transferring them to court districts where the plaintiffs live.
Lawyers from a Philadelphia-based firm representing the plaintiffs, disagree, saying the law 'has zero implication' on the case and only applies to future lawsuits.
New Hampshire was the chosen location because federal rules allow lawsuits against a company in its home state, the plaintiff's attorneys say. Those lawsuits have been assigned to one federal judge in Concord. Sig Sauer is trying to decentralize the case, they say.
Sig Sauer has prevailed in some cases. It has appealed two recent multimillion-dollar verdicts against it, in Pennsylvania and Georgia. A judge recently allowed the Pennsylvania verdict to stand, but vacated $10 million in punitive damages awarded to the plaintiff.
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