That might depend. If you are a person who believes in personal responsibility, and supports laws in that direction, then you could be prosecuted.

If, on the other hand, if everything that happens is somebody else's fault; especially if the bullet grew up in poverty with only a single parent, then you're home free.

I would, seriously, say that when you pull the trigger you are responsible for where the bullet ends up. Which is why, if you intend to carry in public, or use a weapon in self-defense, that you should have some training in not only the use of the weapon but the responsibilities that accompany it.