Alec Baldwin fired prop gun that killed woman on film set of Rust
- Thread starter sglowrider
- Start date
For those with questions about guns and Hollywood.
And I'm sorry, but a week ago, two guns on set were accidentally discharged with live rounds? WTF response system do they have in place that allows this to happen just days later? Why wasn't every gun inspected and put in a goddamn safe?
An industry slow to deal with safety concerns in America. That’s never happened before.
sarcasm. Of course.
Hay @mcmurtry66
How does gross negligence change our WC discussion? If the company supplying the guns was negligent, isn't there a separate claim against them that has nothing to do with WC?
How does gross negligence change our WC discussion? If the company supplying the guns was negligent, isn't there a separate claim against them that has nothing to do with WC?
The key is always the employment relationship. If the company supplying the guns wasn't her employer she has a third party pi claim against them and a comp claim with her employer. If she was an independent contractor than no worker's comp just pi cases
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I don't know about NM, but Cali pretty much says she's an employee of the studio as a matter of law. They have really cracked down on that IC stuff.
Then in most states she would have a worker's compensation claim against the studio and a third party civil suit against the gun company. Each state handles set offs and liens differently. You don't just pocket both. Not that it would matter much as the pi case would be presumably a big number. A gun company has to have 7 figure coverage.
I would assume that most states would have a statute stipulating whether or not they get to offset from the insurance, or whether the insurance gets to offset against them.
Either way, I think we can all agree that it looks like this poor woman's family will definitely be compensated.
What I'm starting to wonder about now is criminal liability. Negligent homicide and manslaughter aren't exactly strangers.
I will say we need to revisit these laws, the are tremendously skewed against workers.
I know nothing about how any of that criminal works. Criminal negligence. Is that a thing still?
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Maybe. Under the comp stats I am familiar with if you get permanently disabled you get a weekly check for life. Usually about 2/3 of your average weekly salary.
Whether that's enough or not I guess is a judgment call
Any time your compensation is a fraction of what you lost, it's not enough.
You know the lawyer gets that check for life too. Hell of a racket if you get a bunch of permanent total cases
Mean
That's where settlements are awarded, civil suits, not criminal. This won't go to court at all. Baldwin will compensate her family, in private.
Case Closed
I said it would be settled out of court, with a payment to her family, by Baldwin, & NO CRIMINAL CHARGES FILED BY THE AUTHORITIES/PROSECUTOR.
That's where settlements are awarded, civil suits, not criminal. This won't go to court at all. Baldwin will compensate her family, in private.
Case Closed
Nothing defective about the guns, only the operators/shooters. Pull the trigger, & the gun discharges a projectile. A bullet, in the case, if live ammo is used, & a wad usually is discharged in a blank round. Most wadding/wads today are made of plastic. Many years ago, they were made of wood, even more dangerous.
I did in my previous post, you just can't read, or are lying again.
I never said any criminal charges would be filed. Read it again. However, if Baldwin & her family can't come to an out of court settlement on compensation, then her family may want to pursue civil charges/lawsuit against Baldwin. They WILL come to an out of court compensation agreement, & no charges will ever be filed.
Your post was something to the effect of:
Civil cases don't end with settlements, Moron.
And then you made an additional comment that got the post justifiably nuked.
This guy made my Ignore list in record time.
My originally post explained it justifiably. In that, I said no charges would be filed, & they would settle it out of court. Civil lawsuits may have compensatory damages awarded, but not (usually ) in criminal cases.
I should have added him to it from the beginning. I can see why the broilers banned him.
I rarely use the feature, but tjhis guy was such a waste with the volume and lack of content I just pulled the trigger.
You are welcome to come by my office this week for a consultation if you like. PM me and I'll get you on my calendar.
Not in Indiana. And my cursory reading of New Mexico law suggests that isn't a crime there either.
Indiana has reckless homicide, but reckless is a different mens tea than negligence.
You said:
1. There'd be a settlement
2. Because if Baldwin didn't settle, he'd be charged with crimes that don't even exist in New Mexico and then he'd plead guilty.
Part one is right. Literally everything else is completely incorrect.
Then you told a practicing criminal lawyer he doesn't know anything about the law.
Notice how I'm not correcting anything McMurtry and Goat say? It's because I know almost nothing about workers comp law.
I have a really good insult lined up here, but it's vulgar and I don't feel like getting banned. The upshot is: stay in your lane, if you have one.
What’s wrong with being patriarchal? It’s a tough job but someone needs to do it. Maybe the language shifted again and I was not there when they handed out maps. I think the Pope is a Patriarch?
There is no "studio" here. This appears to be the kind of independently financed feature that tries to make its money by parceling out its distribution rights in different territories on different tiers in both foreign pre-sales and post-completion markets. Doubtful that there is any domestic studio distribution lined up prior to completion here.
There are really challenging financial pressures on these types of films that put a lot of pressure on producers to continuously do more with less. That's the nature of the market, but it's that kind of pressure that can result in these types of overstressed, in-a-hurry mistakes.
And California may have cracked down on IC stuff, but it's still extraordinarily common in the film business. I'd be shocked if the director and DP both weren't IC's. Another way films like this squeeze the budget.
Alec Baldwin is a stoner. I’m not surprised in the least that he was less than 100 hundred percent responsible for his conduct with a prop gun.
How is this not manslaughter?
I understand it was an accident but there is definitely negligence involved.
It would seem that the person who was responsible for clearing the gun would be negligent, especially if the accident took place in the course of the scene. Now, if Baldwin was messing around and pulled the trigger as a joke, that would seem to be a different matter.
Have they released the particulars in this case?
Oh….I think there are multiple people that failed but only one pulled the trigger.
I have no idea if Baldwin really was the one that pulled the trigger but I haven’t seen him dispute that fact.
