What would probably have been a forgettable, mid-tier box office performer has now made headlines across the world. “Rust” is an upcoming Western film directed by Joel Souza which stars Alec Baldwin, Travis Fimmel, and Jensen Ackles.

Last month, during the filming of a scene, Alec Baldwin fired what was supposed to be a safe gun used for movies, but it was anything but. The gun was actually loaded and when the actor fired it during a scene, a bullet hit and killed cinematographer Halyna Hutchins and wounded Joel Souza, who was standing behind her.

Any personal injury attorney would assume that fake guns or at least not loaded guns were used on the movie sets. It’s always safe to assume that every gun is a loaded gun, but an actor on a movie set is right to expect that there’s no actual danger when filming a scene.

According to witnesses, this weapon was one of three that a firearms specialist had set aside to be used for a scene. Baldwin was handed the gun by assistant director Dave Halls, who yelled “cold gun” to indicate that the weapon was safe and ready for use.

Typical protocol on set is to check the barrel of a gun and to double-check it with a flashlight to ensure that there are no live rounds. Clearly there was negligence on the part of several crew members because Baldwin should have never been given a gun with live ammunition.

Hutchins leaves behind a family that is grieving her passing, as she was only 42. It’s unclear as to whether or not her family is going to hire a wrongful death law firm to file a lawsuit against the production agency, El Dorado Pictures.

This should have never happened, as multiple parties are supposed to check guns used in scenes to ensure that they are safe. Baldwin was an actor, not a props person, so he was not obligated to ensure that all weapons were safe.