Unfortunately, when the term "The Oil Spill" is mentioned today, we know all as well well what the term refers to. The oil spill within the Gulf of Mexico is likely one of the gravest ecological disasters of our lifetime. Numerous individuals will suffer serious damages, such as the reduction of their livelihoods. While some media sources, such as the Orlando Sentinel, paint a picture that attorneys are “swarming to solicit clients to file suit,” in the wake of the BP oil spill, the truth from the matter is that individuals have already suffered severe injury, harm and loss. They will most likely require legal representation to make sure their rights are protected. It has now been over 45 days since the explosion in the Gulf of Mexico triggered the enormous oil leak which continues to threaten our environment and economy. All efforts to control the spill have failed and it now appears the best hope to contain the leaking oil may be the completion of a new oil rig and nicely that will hopefully permit the oil leak to become diverted towards the new rig. That possible solution might be as far as two more months away. The oil explosion which erupted on April 20, 2010 continues to emit 210,000 gallons of oil to the Gulf daily and has spilled over 9.5 millions gallons of oil to the Gulf waters. Based on some experts, the current spill will most likely be larger and more difficult to contain than the Exxon Valdez spill of 1989, or the Santa Barbara spill of 1969 (www.huffingtonpost.com/2010/05/04/bp-could-face-billions-in_0_n_562271.html). Approximately 11 million gallons of crude oil was released to the Prince William Sound within the Exxon Valdez spill, causing detrimental effects on the ecosystems and environment in Alaska. According towards the Exxon Valdez Oil Spill Trustee Council, “the Exxon Valdez oil persists in the environment and in places,” and “is nearly as toxic as it was the first few weeks right after the spill” (www.evostc.state.ak.us/recovery/status.cfm). The Council goes on to state how the harm from the spill was so serious, than even after 20 years, there are two species that have not recovered, ten species that are nevertheless recovering, and five species that are nevertheless uncertain of recovery. (www.evostc.state.ak.us/recovery/status.cfm). It's too soon to know the extent of harm how the BP oil spill will have on the atmosphere and economy. What we do know if that oil spill has already claimed the lives of 11 workers who were presumed dead as a direct result from the explosion. We know that various companies, such as commercial fishermen, charter boat-operators and other companies linked to tourism have already suffered a reduction. We realize that substantial damage to wild life is expected in the near future. We know that the oil spill has currently damaged many habitats. And we know how the spill has placed many animals and sea life in harm’s way. There are currently thousands of workers, such as fishermen, seafood workers, resort and motel owners within the Gulf which have started to seek compensation for the damages they have endured, particularly lost wages. Just like in personal injury claims (for instance, car accident injury claims) where the accident victim is seeking compensation for his/her lost wages, the victims of the oil spill should produce financial records of prior wages to illustrate how the explosion affected their earnings. The complete price of containing the 210,000 gallons of oil that gush from the well, as well as the price of cleaning up the spill is yet to be recognized. Not only will BP be accountable for such costs, but they'll be accountable for paying for damages, such as loss earnings, wages and economic suffering. How much money could BP be accountable to pay? There is a Federal cap of $75 million that could limit what BP is responsible to pay in total damages for the harm caused by the spill. for which BP could be held accountable. www.huffingtonpost.com/2010/05/04/bp-could-face-billions-in_0_n_562271.html). This cap may be the result from the Oil Pollution Act of 1990. The Act states the total liability for an offshore facility shall not exceed $75 million. 23 U.S.C. 2702 Section 1004 (a)(3). Fortunately, there might be an exception to this cap. The Act provides that the cap won't apply, and will be lifted, if the oil spill was triggered like a result of “gross negligence” or “willful misconduct,” or when the explosion was as a result of “the violation of an applicable Federal safety, construction, or operating regulation by, the responsible party, an agent or employee of the accountable party, or a individual acting pursuant to a contractual relationship using the responsible party.” 23 U.S.C. 2702 Section 1004 (c)(1)(A)(B). As a result, if BP, or 1 of its agents, is found to possess been grossly negligent, or if they're discovered to possess violated a federal security regulation, then BP may not be protected by the $75 million cap. IF they are found to have been grossly negligent, BP might have to pay for all the harm that the explosion caused and will continue cause in the future regardless of the price. Nevertheless, the direct cause from the explosion has yet to become uncovered, as the businesses involved with this oil nicely continue to point the finger of blame at each other. The two primary businesses involved are B.P., and also the owner from the rig and equipment, Transocean. It will probably be interesting to determine if these two entities fight it out or if they agree to cooperate in resolving the claims brought by this disaster. In order to determine if BP was grossly negligent, and hence not able to seek the protection from the cap, there are many factors which may be evaluated. The past records of the companies may be essential. BP has had various mishaps recently. In 2005, a blast at a BP refinery in Texas took the lives of 15 individuals and injured 170 individuals. In 2006, BP had a pipeline leak, which dumped over 200,000 gallons of oil onto the Alaskan North Slope. And just recently, in October, BP was fined $87 million for failing to rectifying security hazards in the Texas plant. Again, the full extent of damage caused by the explosion won't be recognized for some time. If the Exxon Valdez disaster is any indication of the extent of long term damages to expect, the damages caused by the BP explosion may have an effect on our atmosphere and economy for generations to come. The possible long-term effects in conjunction using the amount of legal claims the victims will bring, promise that there will not be a speedy resolution of the legal matters. Unless, BP, and Transocean, do the correct thing and make fair and just compensation available towards the victims, the victims of the oil spill are not most likely to determine any monetary compensation for a long time. Contact an Orlando individual injury lawyer today!
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Unfortunately, when the term "The Oil Spill" is mentioned these days, we know all too nicely what the phrase refers to. The oil spill in the Gulf of Mexico is most likely 1 of the gravest ecological disasters of our lifetime. Many people will suffer serious damages, such as the loss of their livelihoods. While some media sources, including the Orlando Sentinel, paint a picture that attorneys are “swarming to solicit clients to file suit,” within the wake of the BP oil spill, the truth of the ...
Mark A. Risi is an Orlando personal injury lawyer that also is an Orlando car accident lawyer based out of Winter Park, Florida.
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