Question

Alex, a private security guard, was at a local Prince George’s County McDonalds Sunday evening when he was confronted by two other men at the restaurant. A fight ensued, and during the struggle, Alex attempted to use pepper spray on the two men to subdue them. However, Alex instead accidentally discharged his firearm. The shot hit a bystander in the restaurant, Grace, who was taken to the hospital but survived the injury.

a. Discuss whether Alex has committed a crime, and if so, which one?

b. What if Alex was instead attempting to use his firearm to shoot the two unarmed men that confronted him and he instead shot Grace? Would Alex have committed a crime?

c. What if Alex had confronted the two men and initiated the altercation, and then accidentally shot Grace? Would Alex have committed a crime?

Answer 1

a) Yes Alex has committed a crime. It was due to Alex’s negligence that the firearm was shot and Grace got injured. He needed to be more cautious about the possession of a firearm. While using a pepper spray on the attackers for his defense, by mistake the firearm got fired. This is clearly a case of accidental gunshot and Alex will be considered liable under negligence tort.

b) If Alex had intended to use the firearm on the attackers for self defense and by mistake, he shot Grace, it will be considered as an accident in an attempt to self-defense. Every individual has a right of self-defense to protect himself as well as his family against an attack. Every country has specific laws and regulations which rule the right of self-defense. However as Alex’s act of self defense injured Grace, he will still be considered liable for Grace’s injury and will be required to pay for the damages incurred by Grace.

c) If Alex had initiated the altercation, he will be convicted for assault and battery. Even if instead of Grace, the 2 attackers were shot, then also as Alex had started the altercation, he will be convicted for assault and battery.