From Judge Thomas Thrash (N.D. Ga.) Friday in Harvard v. Sig Sauer, Inc.; note that Harvard is just plaintiff's last name:
This is a firearm design defect case. The Sig Sauer P365X pistol is a striker-fired pistol, which uses an internal, spring-loaded firing pin to hit the primer and fire the cartridge instead of an external hammer like a traditional gun. When the slide is racked back and released forward to chamber a round, the firing pin remains back and under spring tension, making it ready to fire. The firearm did not feature a manual safety. Nonetheless, the Defendant designed, manufactured, and sold the firearm and advertised it as a firearm that was equipped with the necessary features to prevent unintentional discharges.
The Plaintiff is an individual who purchased a Sig Sauer P365X on November 18, 2023. A month later, the Plaintiff was at the Rock Bottom Hunting Club in Roberta, Georgia with the firearm in his possession. The firearm was fully seated and properly secured in a holster, which was attached to the Plaintiff's belt on his waistband. At some point, the Plaintiff proceeded to remove the holster, with the firearm inside it from his waistband, using his left hand to relieve the tension from the holster clip. The Plaintiff held the holster with his right hand, with his hand positioned over the muzzle end of the holster.
After the holster was removed and while the Plaintiff was holding it, the firearm suddenly discharged without the Plaintiff touching the trigger or taking any action to cause it to discharge. The firearm remained fully seated inside the holster at the time of discharge. Additionally, the shell casing did not eject from the firearm during the time of discharge, remaining in the chamber. The discharge caused severe and permanent injury to the Plaintiff's right index finger near the middle joint. Despite having knowledge of incidents like the one suffered by the Plaintiff at the time of the injury, the Defendant continued to make the firearm available for purchase without a manual safety and never issued a mandatory recall of the firearm.
Plaintiff sued for design defect product liability, failure to warn, and negligence, and the court allowed the case to go forward, rejecting Sig Sauer's Second Amendment defense, at least at this stage (a motion to dismiss):
