Discussion Question 1: Legal Analysis - Accidental Shooting

In the following discussion question, you must study a personal injury scenario to analyze the tortfeasor's conduct to determine whether the victim has any viable tort claims (to include identifying the elements of each relevant tort) and what remedies might be most appropriate. Additionally, you must identify whether the defendant has any defenses, privileges, or immunities available to eliminate or mitigate any tort liability he or she may have.

Shelly has been awakened every night this week by a pack of barking dogs in the alley behind her apartment building. Finally fed up, she grabs a BB gun her nephew left at her apartment and shoots out of the window at the dogs. Just as she is shooting, Carol, one of her neighbors, comes out from behind the building, right where the dogs are. Carol shrieks and falls to the ground, holding her arm. The dogs run away. Carol looks up and sees Shelly holding the gun in the window. Carol presses criminal charges against Shelly and contacts the firm where you work because she wants to sue Shelly civilly as well.

Based on the above information and after reviewing assigned course materials and conducting brief research on any pertinent laws and cases in your jurisdiction, answer:

• Can Carol sue Shelly? Why or why not?
• Analyze the possible claims and any defenses available.
• Jurisdiction is Ohio