Former police officer sues gun maker, says his gun shot him in Chick-fil-A bathroom near Myrtle Beach

Gavel (Getty Images)

Gavel (Getty Images)

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HORRY COUNTY, S.C. — A former New York City police officer, living in South Carolina, is suing a gun manufacturer after he says his pistol shot him in the bathroom of a Chick-fil-A near Myrtle Beach, WMBF reports.

The former officer, who has a Federal conceal carry permit, filed the lawsuit against Sig Sauer Inc., which makes the gun, on Monday.

Thomas Frankenberry, of Horry County, said he was heading out of the bathroom stall on Oct. 11, 2016, when his P320 handgun fired. The 9 mm bullet ripped through his right leg and stopped in his knee cap.

Frankenberry says the gun went off even though the trigger and the gun were not touched, according to WMBF

According to the lawsuit, Sig Sauer marketed the gun as safe with a Striker Safety that keeps the gun from firing unless the trigger is pulled.

“We’ve designed safety elements into every necessary feature on this pistol. From the trigger, to the striker and even the magazine, the P320 won’t fire unless you want it to,” the lawsuit said refrencing Sig Sauer marketing materials, WBTW reports.

The lawsuit claims the gun was defective and dangerous.

Frankenberry’s lawsuit seeks $10 million in damages with a jury trial.

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