‘Unreasonably Dangerous’: Taurus Hit with Class Action Over Alleged TCP Pistol Slide Defect

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A proposed class action alleges certain semi-automatic pistols made by Taurus International Manufacturing suffer from a defect that can cause a gun’s slide to break in half at the ejection port when the pistol is fired, creating the potential for pieces of the slide to become projectiles capable of striking the shooter and bystanders.

The 32-page lawsuit, initially filed in Florida on February 2, 2021, calls the Taurus pistols “an inherently dangerous commodity” given they possess a latent design defect alleged to “repeatedly and verifiably manifest” with each product at issue—specifically the Taurus 738 TCP and 732 TCP pistols. The plaintiff, an Alabama resident, stresses in the complaint that the allegations do not disparage consumers’ Second Amendment right to bear arms, but seek to represent those who have lawfully exercised that right and purchased a defective, and potentially deadly, product. 

According to the suit, the slide defect has made the Taurus pistols at issue “unfit for their intended use.”

“The Class Pistols are defective and unreasonably dangerous because the common design of the Class Pistols suffers from a defect which renders the Class Pistols subject to a dangerous weakening and fracturing of the pistol components that makes them inoperative and extremely hazardous,” the lawsuit alleges. “The Defect has created an unreasonably dangerous situation for a person owning and possessing a Class Pistol, and has substantially reduced or eliminated completely, the value of the Class Pistols.” 

The lawsuit alleges that although Taurus has known of the slide problem plaguing certain pistol models since at least 2012, and is aware that serious injuries have stemmed from the alleged defect, the company has neither fixed the defect nor issued an effective and complete warning to the public. The suit contends that “it is only a matter of time before more individuals are seriously injured or killed.” 

The lawsuit alleges Taurus has fraudulently concealed and intentionally failed to warn consumers of the slide defect “with the intent to deceive” buyers and the public. 

“Taurus falsely and fraudulently represented to Plaintiff and Class Members that their Class Pistols were safe for normal and intended use, when in fact their Class Pistols were not safe for normal and intended use,” the suit charges. 

The plaintiff claims that her husband was firing one of the pistols at issue at a local firing range in November 2020 when the gun’s slide broke in half and sent fragments into his eye and face. 

“He suffered facial bone fractures and a detached retina requiring a cornea transplant,” the lawsuit says. “To date, it is still unclear if he will end up losing his sight in one eye.” 

The lawsuit looks to represent all persons in the United States, Commonwealth of Puerto Rico, U.S. Virgin Islands and Guam, excluding governmental bodies or agencies, who own one or more Taurus-branded 738 TCP or 732 TCP firearms. 

The proposed class action was transferred from Florida to Alabama’s Middle District Court on October 18, 2021.

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