Explainer: Who faces legal liability in ‘Rust’ shooting case?

Oct. 27 (Reuters) – Lawsuits seeking civil liability for the fatal shooting of camerawoman Halyna Hutchins are most likely to name the Rust crew member who inspected the gun, the assistant director who gave it to actor Alec Baldwin and possibly handed over to others in the production company, experts said on Wednesday.

The New Mexico authorities have not ruled out a criminal complaint in the case. While rehearsing a scene on the set, Baldwin accidentally fired a gun he said was safe. The shot killed Hutchins and injured director Joel Souza.

COULD THERE ARE CRIMINAL INFORMATION?

Experts said criminal charges were possible, but likely not against Baldwin.

“It takes some kind of real intent or criminal negligence, gross negligence, for a criminal trial. This is … something more than just aiming the gun,” said former federal attorney Neama Rahmani in Los Angeles.

The criminal investigation will likely focus on how the gun was loaded instead. “I think having live ballistic rounds on a movie set and having the level of gross negligence seen in a criminal complaint is inexcusable,” said Harris Lowry Manton’s attorney Jeff Harris.

WHAT REASONS COULD BE GROUNDS IN APPLICATION?

The Hutchins and Souza families could file civil lawsuits for financial damage, legal experts said.

These lawsuits would most likely argue negligence, which is legally defined as failure to take due care.

Such allegations were bolstered by Santa Fe County Sheriff Adan Mendoza’s revelation on Wednesday that the gun delivered to Baldwin contained live ammunition despite being inspected and approved for by two people, gunsmith Hannah Gutierrez and assistant director David Halls and others It was declared safe live rounds were found on the set.

“It’s pretty obvious; someone had to be negligent,” said Gregory Keating, a law professor at the University of Southern California.

WHO COULD BE SUITABLE?

Harris, who represented the family of a stuntman on AMC’s “The Walking Dead,” said both Gutierrez and Halls could be sued. Bryan Sullivan of Early Sullivan, an entertainment lawyer based in Los Angeles, agreed.

Harris said the production company Rust, people in oversight roles and people involved in hiring decisions could also be targeted.

The division of liability can take years of litigation. The outcome would determine who may have to pay what amount of financial damage.

“It is very common to have multiple defendants whose negligence is intermingled,” Harris said.

Baldwin is unlikely to face civil liability for firing the gun after being told it is safe. However, as one of the movie’s producers, he could be held liable, Sullivan said.

A court “would review who has final authority to keep the set safe,” he said.

WHAT OBSTACLES ARE CLAIMS FOR DAMAGES?

The defendants in a civil case would likely argue that the shooting was an accident at work, meaning the victims can only claim payment through workers’ compensation insurance.

However, Sonia Gipson Rankin, a professor in the University of New Mexico’s School of Law, said the victims could attempt to prove that the defendants have historically ignored security concerns and knowingly acted dangerous.

If successful, victims may be able to seek compensation in court rather than through employee compensation.

Reporting by Brendan Pierson in New York; Additional reporting by Nate Raymond, editing by Alexia Garamfalvi and Cynthia Osterman

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