MYRTLE BEACH, S.C. (WBTW) – An Horry County man is suing a major gun manufacturer after he says the gun he was carrying went off when he was in a Chick-fil-A restroom.

According to the lawsuit Thomas Frankenberry is suing Sig Sauer Inc. after his P320 handgun went off while he was in the restroom at the Chick-fil-A on Dickpond Road near Myrtle Beach.

The lawsuit claims “while Thomas [Frankenberry] was finished using the restroom and exiting the bathroom stall, a round discharged from the weapon without the trigger or gun being touched.”

The shot went into Frankenberry’s hip and into his upper thigh before it was lodged in his knee cap. The lawsuit claims that Frankenberry suffered massive damage to his right leg and that the bullet and shrapnel remain lodged in his leg.

Frankenberry is a former New York Police Officer and holds a federal conceal carry permit that requires he recertify every year. He was legally carrying the pistol at the time of the incident on Oct. 11, 2016, according to the lawsuit.

The lawsuit states that in marketing the gun Sig Sauer said that the Striker Safety “prevents the striker from releasing unless the trigger is pulled.” and “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.”

Based on this, the lawsuit claims that the original design and manufacture of the P320 was “defective and rendered it unreasonably dangerous for its intended uses, and for many foreseeable uses and accidents involving its intended uses.”

The lawsuit claims Sig Sauer was negligent in their marketing and the safety of the weapon as well as breaches of warranties. The lawsuit is seeking $10 million dollars in damages and is demanding a jury trial.