By Brendan Pierson

(Reuters). – The most common way to bring civil liability to the tragic shooting of Halyna HUTCHINS, cinematographer Halyna, in civil suits would be to identify the crew member “Rust”, who inspected and inspected the gun. Experts said that the assistant director handed the gun to Alec Baldwin as well as other members of the production company.

New Mexico officials have not yet ruled out criminal prosecutions in the case. Baldwin misfired a gun he was told was safe while he was rehearsing scenes on set. Hutchins was killed and Joel Souza was injured by the shot.

COULD CRIMINAL CHARGES BE AVAILABLE?

Experts believe that criminal charges against Baldwin are possible but unlikely.

You will need evidence of criminal intent or criminal negligence. It’s more than just pointing the gun,” Neama Rahmani, a former federal prosecutor in Los Angeles said.

The gun’s loading will be the focus of the criminal investigation. Jeff Harris, a lawyer from Harris Lowry Manton said that having live bullets on set for a film is unacceptable and raises the bar of gross negligence to which you can be charged with a criminal offense.

What could THE LAWSUITS GROUNDS BE?

Legal experts suggested that Hutchins’ relatives and Souza might file civil lawsuits to seek financial damages.

Most likely, these lawsuits will be brought under the heading of negligence. This is legal definition as an inability to exercise reasonable care.

Santa Fe County Sheriff Adan Menedoza revealed Wednesday that Baldwin’s gun contained a live bullet despite it having been checked and declared safe by Hannah Gutierrez (armorer) and David Halls (assistant director). Other live rounds were also discovered on the set.

Gregory Keating, University of Southern California Law Professor said “It is pretty obvious; someone had to be negligent.”

Who CAN BE SUE?

Harris was representing the family of a stuntman from AMC’s Walking Dead in a case for wrongful death and stated that Gutierrez, as well Halls, could be sued. Bryan Sullivan, an entertainment lawyer in Los Angeles, agreed.

Harris stated that the target could be “Rust”, the production company, supervisors and those involved in hiring decisions.

The process of allocating responsibility could be lengthy. It would be determined who and how much financial damage will have to be paid.

Harris explained that multiple defendants can be found whose negligence intertwine with one another.

Baldwin will likely not face civil liability for firing the gun when it was told that it was safe. Sullivan stated that Baldwin may be subject to civil liability if he fires the gun when it is safe.

He said that a court would “look at who has the ultimate authority to protect the set”

What are the OBSTACLES to Damage Claims?

In a civil case, the defendants would argue that the shooting occurred at work. Therefore, the victim could not seek compensation through workers’ comp insurance.

Sonia Gipson Rankin, University of New Mexico School of Law Professor of Law said that victims may seek to show defendants ignored safety concerns and were knowingly dangerous.

In the event of a successful claim, victims could be entitled to damages via court rather than workers’ compensation.