What BP Doesn’t Want You to Know About the Oil Pollution Act

The Deepwater Horizon oil spill – also referred to as the BP oil spill – is the largest marine oil spill in the history of the petroleum industry. It has caused extensive damage to marine and wildlife habitats, as well as fishing and tourism industries along the gulf coast. The U.S. Government has named British Petroleum (BP) as the responsible party to be held accountable for all damages caused by the oil spill.

This is not the first time an oil spill has occurred in United States controlled waters, but the legal landscape around this oil spill is drastically different than in past events. In the 1989 Exxon Valdez oil spill, only those who had been physically touched by the oil could collect damages. This is no longer the case. In 1990, Congress passed the Oil Pollution Act (OPA), which lifted that restriction. Now anyone who believes they have sustained related economic damages can file a claim.

Am I covered under the Oil Pollution Act?
Under the Oil Pollution Act, if you have lost profits or income due to an oil spill, you may submit a claim for those lost profits or earnings. Some examples of the types of business that may be covered include:

• Commercial fishermen

• Hotels

• Tourism industry businesses

• Recreational fishing companies

• Harbor cruise companies

• Coastal restaurants

• Wildlife excursions

The tourism industry is a multi-billion dollar industry on the gulf coast. Without tourists, many of the businesses that have been impacted cannot survive. Under the OPA, if you have sustained losses, you may submit a claim for compensation; however, the compensation received will only cover lost profits, not lost revenues. For this reason, it is extremely important to work with an accountant and seek legal counsel to determine the true extent of your losses.

If you have been affected by the Deepwater Horizon oil spill, you should not try to settle your claim alone. You need to seek the help of a Florida oil spill attorney who is experienced in handling these types of claims. To learn more about your rights and the type of compensation you deserve, contact a Florida oil spill lawyer at Fetterman & Associates.