Laid to Rust: Proposing Strict Liability in Tort for Prop Firearm Injuries Following the Alec Baldwin Shooting, 7 Nev. L.J. Forum 76 (2023).

Abstract

There is a wide misconception that the use of prop guns are merely fake, not dangerous. Within the past couple of decades in film and entertainment history, this appears to be the contrary. For instance, the most recent prop gun incident involving actor Alec Baldwin, left Halyna Hutchins dead and at least one other individual injured. Following the unfortunate incident, workers within the film industry are pushing for resolution in order to prevent similar unfortunate deaths from ever occurring on set. What is complicated is that the laws and regulations on prop guns are often a mixed bag, whether they be statutory or union-based.

This article proposes that the best regulatory approach and tort liability course of action can be accomplished (1) by comparing prop guns to pyrotechnic devices, and (2) by characterizing the use of prop guns on-set as an abnormally or inherently dangerous activity for purposes of strict liability should no criminal charges be granted.

Keywords: Alec Baldwin, tort, prop, firearm, strict liability, Rust, Halyna Hutchins, Hollywood, entertainment law, tort law, personal injury law, negligence, pyrotechnics, squibs