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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.

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