ORLANDO, Fla. – A Florida man is suing gunmaker Sig Sauer, alleging he was severely injured by the “spontaneous discharge” of one of its pistols.
Plaintiff David Araujo De Souza filed his lawsuit in U.S. District Court for the Middle District of Florida, Orlando Division.
Souza, in his 17-page complaint, alleges the New Hampshire-based Sig Sauer Inc. committed negligence, breach of express warranty, breach of implied warranty, strict liability, and negligent misrepresentation.
The Osceola County resident claims he was severely injured on Nov. 5, 2024 when his Sig Sauer, or SIG, P365 unintentionally fired without the trigger being pulled while holstered on his right hip as he was sitting down.
The round allegedly entered through the top of his right thigh just above the right knee, fracturing his patella, and exited just below his right knee.
Souza, who was 40 at the time of the accident, claims he sustained permanent injuries as a result of the gunshot wound.
“Plaintiff Souza does not wish or intend to disparage the right to bear arms as guaranteed by the Second Amendment. Rather, he seeks to hold the Defendant accountable for their actions in designing, engineering, manufacturing, marketing, importing, distributing, selling, and/or failing to test and inspect the subject pistol, in addition to misrepresenting facts about the safety of his pistol, which is defective and unreasonably dangerous as described in this Complaint,” the filing states.
Souza claims he purchased the pistol from Shooters World in Lake Magdalene, Florida, in new condition and did not modify it in any way.
“He maintained the subject pistol in the original condition which it was in at the time of purchase for the duration of his ownership up to and at the time of the unintentional firing event,” his lawsuit states.
He also claims he was not touching the trigger at the time of the spontaneous discharge.
“There was no interference or interaction, whether accidental or intentional, with the trigger or the area around the trigger at the time of the spontaneous discharge,” the complaint states.
Souza also notes he never dropped the pistol or subjected it to “abusive or reckless handling.”
According to his lawsuit, the SIG P365 model has a safety defect pertaining to the fire control system, whereby the firearm will discharge spontaneously “without input or intention of the user.”
He argues he received no warning that the pistol he purchased was in a defective condition, and that it was unsafe.
“The foreseeable risks of harm from the Safety Defect could have been reduced or avoided if the Defendant had provided reasonable instructions or warnings, and the Defendant’s failure to provide these instructions or warnings renders the subject pistol defective,” the complaint states.
“The Defendant had the opportunity to warn Plaintiff Souza about the Safety Defect upon his original purchase yet failed to do so. Failure to warn was the proximate cause of Plaintiff Souza’ injuries.”
Souza seeks “any and all damages available” and costs. He is represented by Wheeles & Garmon LLP in Birmingham, Alabama.
