If an oil company negligently caused an oil spill, then does the $75 million liability cap apply?
No. While the Oil Pollution Act limits the liability of a "responsible party" offshore oil rig to the total of all removal costs plus $75,000,000, the law also lists several exceptions to that limited liability. Specifically, if the responsible party is found to have done any of the following, the $75M liability cap doesn't apply:
- Caused the incident by gross negligence or willful misconduct;
- Caused the incident as the result of violation of an applicable Federal safety, construction, or operating regulation;
- Didn't report the incident as required by law;
- Didn't cooperate with the proper officials or the Federal On-Scene Coordinator (FOSC) in charge of the spill cleanup; or
- Didn't comply with government orders related to the spill cleanup.
Speak with a Gulf Oil Spill Attorney
Injuries cost money, including time away from work, medical bills and other complications. You should have an attorney help you with your claim. Not sure if you have a good injury case? Speak to a local gulf oil spill attorney about the merits of your case. This one step can help you protect your rights and take the proper next steps.
Additional Gulf Oil Spill Articles
- The Potential Plaintiffs of the Gulf Oil Spill Lawsuits
- The Oil Spill Liability Trust Fund
- The Legal Differences Between the Exxon Valdez and the BP Oil Spills
- How Much Will BP Have to Pay? Damage Caps for Big Oil
- Environmental Laws and Oil Spills
- What is the Oil Pollution Act of 1990?
- What legal remedies are available to individuals and businesses affected by the Gulf Oil Spill?
- Is compensation available to tourism businesses and workers for lost income or profits as a result of the Gulf oil spill?
- I own or lease property damaged by an oil spill. Am I entitled to compensation for the damages?
- My boat was damaged by the Gulf Oil Spill. Am I entitled to damages?
- What is needed to file a claim for damages resulting from the Gulf Oil Spill with the National Pollution Funds Center?
- What is the Oil Spill Liability Trust Fund (OSLTF)?
- Does the law limit the amount of money an oil company is liable for after an oil spill?
- If I submit a federal claim for Gulf oil spill damages, does that mean I can't join a private or class action lawsuit?