It follows the cinematographer's death on set last October
The family will sue the actor and more crew from 'Rust' with a wrongful death lawsuit.
Halyna Hutchins' family has filed a lawsuit against members of the film crew following her shocking death on October 21, 2021, on the 'Rust' film set in New Mexico.
Husband Matthew Hutchins filed a wrongful death lawsuit, citing negligent, intentional, willful, or reckless misconduct, on behalf of himself and their 9-year-old son, Andros. The complaint, which was obtained by PEOPLE, states that Baldwin "recklessly shot and killed Halyna Hutchins on the set of the movie 'Rust'".
Attorney for the family, Brian Panish, announced the lawsuit in a press conference in Los Angeles on Tuesday. "Halyna deserved to live," reads the lawsuit, with Baldwin and "others responsible for the safety on set" leading to the filmmaker's "senseless and tragic death".
The lawsuit continues: "The Defendants had the power to prevent her death if they only held sacrosanct their duty to protect the safety of every individual on a set where firearms were present instead of cutting corners on safety procedures where human lives were at stake, rushing to stay on schedule and ignoring numerous complaints of safety violations."
Panish also presented a 3D animated video of the shooting alongside the lawsuit, as well as a video of crew members complaining about the safety on set. The Hutchins family are asking for damages to be determined at trial.
Baldwin's attorney, Aaron Dyer, responded to the lawsuit via Entertainment Weekly, stating "any claim that Alec was reckless is entirely false", adding: "He [Baldwin], Halyna and the rest of the crew relied on the statement by the two professionals responsible for checking the gun that it was a 'cold gun' – meaning there is no possibility of a discharge, blank or otherwise."
Alec Baldwin, who accidentally shot and killed Halyna Hutchins, and injured director Joel Souza during a camera test on the set of the film, said in an interview with 'Good Morning America' last December that he "didn't pull the trigger".
Following the tragic incident, Baldwin met with Matthew Hutchins and his son Andros in Sante Fe, with Hutchins saying the actor at the time was "being very supportive".
Following a police search on the 'Rust' film set, approximately 300 live rounds were recovered. According to the Los Angeles Times, the accident unfolded just hours after a number of the camera crew were replaced by nonunion workers, due to the staff protesting unsafe working conditions.