Summary of the First Amended Complaint
Case No. 25-1594 (SCC), U.S. District Court for the District of Puerto Rico
Filed: December 8, 2025
Case Overview
This is a products liability / personal injury action brought by a Guaynabo Municipal Police officer after her Taurus GX4 9mm pistol unintentionally discharged when it fell from her duty belt and struck the ground. The plaintiff seeks compensatory and punitive damages (amount unspecified, but likely in the high six or seven figures) under Puerto Rico tort, warranty, and strict liability law. The case is based on diversity jurisdiction.
Key Parties
- Plaintiff: Aleida Escalera Freytes
Puerto Rico resident, Guaynabo Municipal Police officer - Defendant: Taurus International Manufacturing, Inc.
Georgia corporation (Bainbridge, GA), manufacturer of the Taurus GX4 pistol
Core Facts
- Purchase Date: December 16, 2022
Plaintiff lawfully purchased the Taurus GX4 (serial #1GA88944) from AmChar Caribe in San Juan, PR. - Incident Date: November 24, 2024
While on duty, the pistol fell from her police belt, struck the ground, and unintentionally discharged (drop-fire). The bullet struck her right arm above the elbow, exited, fractured the bone, and caused severe injury. - Injuries:
- Open reduction internal fixation with intramedullary rodding
- Ongoing physical therapy
- Permanent physical and psychological limitations/deficits
- Missed 4 months of work
- Alleged Defect:
The Taurus GX4 has a known “Drop-Fire Defect”—when subjected to impact or drop, the trigger moves rearward, defeating safety mechanisms and causing the pistol to fire without the trigger being pulled. This is a latent defect.
Evidence of Prior Knowledge
The complaint details at least 6 prior documented drop-fire incidents involving Taurus GX4 pistols (2022–2024) in Kentucky, Arizona, Florida, Tennessee, Texas, and another Arizona case, resulting in serious injuries or death. Multiple lawsuits were filed (some settled confidentially, others pending). Taurus was notified in each instance but failed to recall the pistols or warn owners.
Legal Claims (11 Counts)
- Negligence (Art. 1536, P.R. Civil Code § 10801)
Failure to reasonably design, engineer, manufacture, test, inspect, market, sell, import, distribute, and warn. - Punitive Damages (Art. 1538, § 10803)
Willful or gross disregard for life/safety. - Breach of Express Warranty
Taurus’s written “Limited Lifetime Warranty” claimed the firearm was “free of defects in material, function, and workmanship.” - Breach of Implied Warranty of Merchantability
- Breach of Implied Warranty of Fitness for a Particular Purpose
- Strict Liability – Manufacturing Defect
- Strict Liability – Design Defect
- Strict Liability – Failure to Warn
- Negligent Misrepresentation
- Fraudulent Misrepresentation
Taurus knowingly concealed the defect while representing the pistol as safe. - Attorney’s Fees, Costs, Expenses, and Legal Interest
Based on defendant’s obstinacy.
Prayer for Relief
- Compensatory damages (physical injuries, lost income, pain/suffering, etc.)
- Punitive damages
- Attorney’s fees, costs, expenses, and legal interest
- Jury trial demanded on all triable issues
