Legal Question in Criminal Law in Florida

Legality issue

I have a company in Orlando, Fl. I

have been approached by a

company called ATA systems. They

wanted help in selling a new

product. Here is the descriptionThe

ATA-Spray System

The ATA-Spray System has been

designed to prevent intruders from

entering locations such as home,

office etc. If an unathorized person

enters the surveillance area, the

system will automatically sound an

alarm. After 8 seconds, if the

unauthorized person remains in

the surveillance area, the system

will spray the pepper spray. This

process will reoccure every 8

seconds until the intruder leaves

the surveillance area.

Once sprayed the intruder(s) will

experience immediate eye closing,

uncomfortable coughing, gagging,

and gasping for air. They will also

feel an intense burning sensation

on their skin. The recovery time for

the average person generally

takes 45 minutes (if provided with

fresh air and clean water to wash

affected areas.

I have been in Security for some

time now, but I am concerned that

this product could be dangerous

and illegal.


Asked on 2/17/09, 11:03 am

1 Answer from Attorneys
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: Legality issue

I am very intrigued by this issue. As an attorney that practices both civil and criminal law, there are a number of issues which immediately spring to mind. For example, would the act of spraying pepper constitute a criminal battery? Also, what are the civil ramifications - could you be sued if an intruder had an allergic reaction and died?

Unfortunately, given the novel nature of the product, I don't think it is possible to answer your question without doing some research. However, I am VERY interested in discussing this matter with you in depth. Please contact me at your convenience. I am in Tampa, but I am often in Orlando and would be happy to meet you at your office.

I look forward to speaking with you.

Read more
Answered on 2/17/09, 11:31 am


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