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Originally Posted by youngunz4life
The other issue is that criminal and civil liability is different(obviously you know this). As far as criminally, just because this employee should bare more responsibility(if he/she does after debate), I don't believe you can 'up the charges' in this case because something 'seems right'. In actuality, you might have a better accident argument depending on the situation in the store doing business then some joe schmo on the curb hangin w/his buddy....
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" 'Up the charges"? Who is "upping" any charges? Someone was seriously wounded due to a negligent act of a specific individual. Your argument is beginning to sound like the arguments of those who maintain that anytime a gun discharges unexpectedly it's an "accidental" discharge ... whereas many of us believe that probably at least 90 percent of "accidental" discharges are, in fact, negligent discharges.
If you do something silly in your car, strike, and kill a pedestrian, would you expect NOT to be charged with either negligent homicide or vehicular homicide? Why should someone who does something dumb with a firearm be held to a significantly LOWER standard of care?