LogFAQs > #970949035

Cocytus posted...

I just looked it up to be sure, so that I made sure that I knew, so I think I know...

"In Penal Code 192b PC, California defines involuntary manslaughter as the unintentional killing of a person while committing another crime or dangerous act."

The State is New Mexico, their penal code describes it as

" B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act [which] that might produce death in an unlawful manner or without due caution and circumspection.
Whoever commits involuntary manslaughter is guilty of a fourth degree felony for involuntary manslaughter."

"Without Due Caution and Circumspection" will likely be the relevant portion of the clause for the jury to decide if this goes to trial. On a movie set, I would imagine most people would agree that having a professional armorer sign off on the weapon being safe to use as a prop is "due caution and circumspection". Similarly, if you went to a store and bought a fake gun off the shelf, you would have performed due caution and circumspection to assume with legal protection that it was not actually a real, loaded weapon when you take it out of it's packaging and "test fire" it for the first time. In both cases, you were told by the business who's job it is to produce safe prop toys that it was a safe prop toy. Thus, if an actual bullet was fired from the supposed "safe prop toy", the liability would fall on the business or employee who made the mistake.

Similarly, if you went to a mechanic to fix a broken brake fluid line, and the mechanic told you they fixed the broken brake line, you would not be liable for hopping on the nearby highway and crashing into someone because you're brake lines were still not fixed.