Deepwater Horizon: Injury, Death and Commercial Loss on the High Seas
As the Gulf of Mexico oil spill continues to dominate news and the extent of the environmental damage unfolds, the media has mostly forgotten the human tragedy that brought attention to this disaster.


June 24, 2010 /24-7PressRelease/ -- As the Gulf of Mexico oil spill continues to dominate headlines and the extent of the environmental damage unfolds, the media has mostly forgotten the human tragedy that first brought attention to this disaster. On April 20, 2010, eleven workers were killed in the explosion and resulting fire, many leaving behind spouses and children. Many others were seriously injured and all will suffer from the mental consequences of going through such a horrific event. For businesses relying on the sea for their livelihood, damages continue to mount.

The list of injuries includes severe burns, broken bones, respiratory damage, and post traumatic stress disorder. Whether or not they sustained physical injuries, workers are faced with a lifetime of horrific memories, including plunging 70 feet into the flaming oil-covered sea to escape the inferno. Commercial injuries include the loss of revenue and the possible failure of businesses.

Physical and Financial Damage

Working on offshore oil rigs in the Gulf of Mexico is one of the most hazardous occupations in the U.S. From 2006 to 2009, 30 workers were killed and another 1296 were injured due to fires, explosions or other accidents. Typical injuries included crushed limbs due to shifting machinery, disfiguring burns from sudden fires and shattered bones from the force of explosions. Cost cutting and constant pressure for increased productivity too often create an environment where worker safety takes a back seat to profit. In the case of the Deepwater Horizon, it is already clear that time pressures and the desire to save money made safety and prudent judgment take a back seat.

Since the April explosion, speculation has run rampant about the extent of financial damage that will result from such an immense regional oil spill. The fishing and tourism industries are expected to be particularly hard hit. In addition to civil damages claims in state and federal courts, some plaintiffs will seek relief via the claims process created in the 1990 Oil Pollution Act, which is funded by a tax imposed on the oil industry. Several senators recently introduced legislation to raise the current damages cap under the law from $75 million to $10 billion. But what about the human cost?

Personal Injury Claims

Employees on the Deepwater Horizon will have the right to sue their employer under the Jones Act, a special statute relaxing proof standards and creating an array of remedies available to surviving seamen. Such remedies include pain, suffering, mental anguish, physical impairment, medical expenses and lost wages both in the past and into the future. Employees may also bring actions against non-employers under general maritime law which allows recovery of the same type of damages. Punitive damages are a type of damage permitted under either theory and are meant to punish the responsible parties to deter bad conduct in the future. Claims of unseaworthiness may also be made against the Deepwater Horizon, giving rise to a form of strict liability. Finally, those who sadly lost their lives on the Deepwater Horizon will also have a right to pursue claims for the damages arising from the Death On The High Seas Act.

Commercial Loss Claims

What about the loss of revenue or failure of the myriad of businesses who rely on the beauty and bounty of the sea for their livelihoods, such as fishermen, oystermen, seafood wholesalers, boat charters, hotels, resorts, etc.? They, too, will have a right to recover their losses pursuant to the 1990 Oil Pollution Act and other theories. Good record keeping will go a long way to help prove their ultimate loss, as will documentation of other attempts made to reduce the loss.

Will We Recover and When Will It End?

The end is nowhere in sight and it is a real question as to if it will ever end. Obviously, for those who lost their lives, the damage will never end. The same is true of those seriously injured. Many businesses will be lost forever as will their way of life. It is important to know, however, that there are laws available that can help both personal injury and commercial victims recoup their losses.

Admiralty and Maritime Law: A Sea of Complexity

Unlike other personal injury, workers' compensation, wrongful death and commercial loss cases, litigation involving maritime accidents comes with a special set of challenges, including a range of complex, industry-specific facts and laws. Just as important, lawyers who handle maritime accident litigation must be familiar with a vast array of federal laws and the unique procedures used in federal court. Some attorneys are unfamiliar with maritime law and can cause costly outcome determinative mistakes. For this reason, one must be cautious to retain an attorney already familiar with maritime law.

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