October 14, 2010 (Press-News.org) We've all heard about the oil spill in the Gulf of Mexico and the efforts by BP to cap the well, contain the oil, and clean the Gulf. In the wake of the tremendous economic loss to the region, many have forgotten about the original fatal maritime accident on April 20 and the eleven lives lost that day. But to the survivors of the explosion and the families of those who died, the initial accident remains the paramount concern.
With a catastrophe of this size, lawsuits are inevitable. What may surprise many is that Transocean, the owner of the sunken Deepwater Horizon oil rig, has turned to a nearly 160-year-old law to limit its liability in the accident; the same law that the owners of the Titanic used nearly 100 years ago.
An Ancient Law
The Limitation of Liability Act limits the liability of the owner of a vessel to the value of its interest in the vessel at the end of the voyage. In other words, the owner cannot be sued for more than the value of the ship at the end of the trip. The Act was passed in 1851 when insurance for commercial shipping was still in its infancy, so that U.S. shipping companies would be competitive with their European counterparts, which also enjoyed government-imposed limits on liability. The Act cannot be used when the loss occurred due to negligence or unseaworthiness.
The Titanic sunk a few hours after hitting an iceberg on the fourth day of its maiden voyage in 1912, killing over 1,500 people. Lifeboat priority was given to women and children; many people lost their husbands and fathers and other loved ones.
Because the Titanic was lost at sea, its owners turned to the Limitation of Liability Act to set its end-of-voyage value at just under $92,000--the value of its surviving lifeboats and related equipment. This meant that the many people who lost relatives and possessions on the ship were entitled to only a small share of that $92,000, regardless of the actual value of their loss.
Modern Application
In the case of the Deepwater Horizon oil rig, which sank two days after the explosion, the rig itself had been valued at $650 million. In its current position on the floor of the Gulf of Mexico it is valued at only $26.8 million. By invoking the Limitation of Liability Act, Transocean may only be required to pay claims totaling $26.8 million.
The Act carries other advantages for Transocean, as well. When the vessel owner invokes the Act by petitioning a federal court, all lawsuits stemming from the incident are required to be filed in that particular court, so the owner is not required to defend itself in multiple courts throughout the country. Ostensibly this requirement exists so that one court can make a fair distribution of assets to all the claimants, none of whom will be paid in full. In practice, it allows the owner to pick the court that is most convenient; Transocean has filed in federal court in Houston where its principal U.S. office is located. Anyone who has already filed a lawsuit in another U.S. court is therefore required to re-file in Houston. Moreover, the Act does not allow for jury trials, which could be advantageous to Transocean, placing the matter before a presumably dispassionate judge.
Legal Changes Possible
Legal observers have for years characterized the Act as outmoded in the modern age of protection & indemnity ("P&I") insurance. But the Act is still law and continues to be invoked by ship owners whenever a significant marine accident occurs. For example, New York City has twice attempted to use the Act in accidents involving the Staten Island Ferry in 2003 and 2010.
This may change in the wake of the Gulf oil rig disaster.
In June of this year, a bill repealing the Act was introduced in the House of Representatives and was sent to the Senate less than a month later. The bill had widespread support--it passed the House on a voice vote only--no roll call was taken. Now it is before the Senate Committee on Commerce, Science, and Transportation.
Dubbed as Securing Protections for the Injured from Limitations on Liability Act (or "SPILL Act"), the bill would also permit family members of those who died to sue for non-economic damages, such as pain and suffering, loss of care, comfort and companionship. The bill is an unquestionable response to the Deepwater Horizon incident, as it applies to any cases arising on or after April 20, 2010, the day of the explosion.
If the bill is passed by the Senate, it may provide relief for the families of the eleven crew members who died on the Deepwater Horizon--who, like the families of so many who died on the Titanic, now face life without their loved ones.
Article provided by Doyle Raizner LLP
Visit us at www.doyleraizner.com
Deepwater Horizon Owners Turn to Old Law Used in 'Titanic' Case
The owners of the Deepwater Horizon oil rig--like the Titanic owners nearly 100 years ago--have turned to the Limitation of Liability Act of 1851 to limit their legal liability.
2010-10-14
ELSE PRESS RELEASES FROM THIS DATE:
Caregiver Sentenced to Prison in Bed Sore Death Case
2010-10-14
In a terrible case of nursing home abuse, Jean Rudolph died from untreated bed sores that had burrowed all the way to her bone. Rudolph, who previously taught others about care giving as a nursing educator, suffered for 22 days without sufficient care.
Effie Tutor, a caregiver at the Houghton Lakeview adult home in Washington, was sentenced to 31 months in prison for Rudolph's preventable death. Tutor's inaction included repeatedly ignoring residents while chatting on the Internet to her overseas boyfriend. Her attorney argued she was not properly trained and was afraid ...
NTSB Safety Recommendations Frequently Disregarded
2010-10-14
Whether traveling by plane, train, car or boat, Americans rely on the National Transportation Safety Board (NTSB) to help ensure their safety. The NTSB is an independent federal agency with the mission to promote transportation safety. A major part of its work includes conducting safety studies and investigations to determine the probable cause of transportation accidents. The NTSB then issues its recommendations to agencies and industries that are encouraged to adopt them.
As it turns out, the NTSB's suggestions are often ignored.
Examples of Unheeded Warnings
Over ...
Passenger Van Safety Concerns Raised Again
2010-10-14
Passenger Van Safety Concerns Raised Again
The early October crash in Georgia of an overloaded 15-passenger van is raising awareness of the dangers of the vehicles.
Four people in a church group died in the crash; another 15 suffered injuries when a tire blew out on the 1987 van, causing it to overturn. CBC News reported that the vehicle flipped several times, ejecting occupants.
An Appeal to Pull the Vehicles off Roads
The single-vehicle crash came just three days after two Canadian mothers who lost sons in van accidents appealed to transportation ministers ...
New Lawrenceville Clinic Near Gwinnett Medical Center Offers Free Community Care to Local Residents
2010-10-14
Rodriguez MD, a new Lawrenceville clinic and bilingual Lawrenceville family practice near Gwinnett Medical Center recently offered free community care to local area residents. On September 10 - 11, 2010 the medical practice offered free walk-in health checks for all ages and sports physicals for kids under 18. Patients who attended the event were able to learn about their health and how to obtain proper care if a problem is identified.
"Health screenings can detect problems that would otherwise go unnoticed," explains Neville Street, the practice's Administrative Director. ...
Foster Care Associates Rated Outstanding in Ofsted Inspections
2010-10-14
Foster Care Associates (FCA) has reaffirmed its status as the UK's leading independent fostering agency through the publication of recent Ofsted inspection results.
Assessing the quality and standard of services provided in its North West and South West regions, Ofsted judged each category and the region as a whole as 'Outstanding' - a fantastic achievement for the fostering agency. The inspectors found extensive evidence to underpin their judgment, particularly from children and young people and the agency's foster carer colleagues.
The results further support the ...
House of Fraser Launches Casa Couture Homeware
2010-10-14
House of Fraser presents Casa Couture, a new homeware collection launching exclusively this autumn.
Casa Couture offers a capsule collection of high quality homeware with an emphasis on simple, clean detailing. Created for a sophisticated, design-conscious customer, the range offers a refined, calming collection of homeware that is exceptionally stylish.
In a muted colour palette of soft mineral hues, an understated elegance runs through the heart of the Casa Couture collection. Providing a stylish living room look, a neutral-coloured corner sofa unit is the ideal ...
Walk Small but Walk Tall as the Oxford Valley Mall Honors National Breast Cancer Awareness Month
2010-10-14
Oxford Valley Mall and its more than 120 retail stores are sponsoring the "Big sMALL Walk for Breast Cancer" at the mall on Saturday, October 23 starting at 7:30 am for the benefit of The Bott Cancer Center at Holy Redeemer Hospital in Meadowbrook, PA.
The indoor Walk-A-Thon is intended to increase awareness and raise funds to combat this prevalent disease. Says Jim Malervy, Director of Marketing at the Oxford Valley Mall: "Many Walk-A-Thons are ten miles or more, but we want to make our event accessible to as many people as possible. Hence the "sMALL Walk"--it's only ...
MyPokerBasics.com Teaches You To Play Poker In Less Than 15 Minutes
2010-10-14
As online poker moves further into the mainstream of Internet activities, more individuals are venturing into this frontier. While some of us play for entertainment, most are looking to make a few extra dollars, if not more. To make that happen, you'll need to know the ins and outs of how to play poker online.
MyPokerBasics is a free poker portal dedicated to teaching you how to play poker in less than 15 minutes. Unlike many poker schools, MyPokerBasics.com does not waste time with lengthy explanations of each and every aspect of the game, instead incorporating a step ...
LiveDealerCasino.org Creates Live Dealer Blackjack Guide
2010-10-14
LiveDealerCasino.org is pleased to make known the publication of its new and ever growing Live Dealer Blackjack Guide. The online gambling portal was designed to cater to players who have acquired an interest in one of the latest fashions of Internet gambling, appropriately termed live dealer blackjack.
Throughout the ages, technological advancements have enhanced nearly every aspect of our human lives. Just as seedy backroom saloons gave way to magnificent, luxurious casinos, and land-based casinos gave way to Internet gambling sites, the two have now been conjoined ...
SportsUntapped.com Provides Weekly Sports Betting Picks
2010-10-14
SportsUntapped.com is proud to announce the release of all new picks and previews for all of your favorite major league sporting events. The online sportsbook industry is currently overloaded with favorable odds on NFL and MLB match ups.
The National Football League (NFL) just kicked off the season last month, and with week 5 of play wrapping up last weekend, it is becoming more and more apparent who might actually have a shot at the Super Bowl as the year dwindles down.
The online sportsbook industry offers NFL fans the perfect opportunity to place wagers on the ...
LAST 30 PRESS RELEASES:
Insulin resistance is linked to over 30 diseases – and to early death in women, study of people in the UK finds
Innovative semaglutide hydrogel could reduce diabetes shots to once a month
Weight loss could reduce the risk of severe infections in people with diabetes, UK research suggests
Long-term exposure to air pollution and a lack of green space increases the risk of hospitalization for respiratory conditions
Better cardiovascular health in early pregnancy may offset high genetic risk
Artificial intelligence method transforms gene mutation prediction in lung cancer: DeepGEM data releases at IASLC 2024 World Conference on Lung Cancer
Antibody–drug conjugate I-DXd shows clinically meaningful response in patients with extensive-stage small cell lung cancer
IASLC Global Survey on biomarker testing reveals progress and persistent barriers in lung cancer biomarker testing
Research shows pathway to developing predictive biomarkers for immune checkpoint inhibitors
Just how dangerous is Great Salt Lake dust? New research looks for clues
Maroulas appointed Associate Vice Chancellor, Director of AI Tennessee
New chickadee research finds cognitive skills impact lifespan
Cognitive behavioral therapy enhances brain circuits to relieve depression
Terasaki Institute awarded $2.3 Million grant from NIH for organ transplantation research using organs-on-a-chip technology
Atoms on the edge
Postdoc takes multipronged approach to muon detection
Mathematical proof: Five satellites needed for precise navigation
Scalable, multi-functional device lays groundwork for advanced quantum applications
Falling for financial scams? It may signal early Alzheimer’s disease
Integrating MRI and OCT for new insights into brain microstructure
Designing a normative neuroimaging library to support diagnosis of traumatic brain injury
Department of Energy announces $68 million in funding for artificial intelligence for scientific research
DOE, ORNL announce opportunity to define future of high-performance computing
Molecular simulations, supercomputing lead to energy-saving biomaterials breakthrough
Low-impact yoga and exercise found to help older women manage urinary incontinence
Genetic studies reveal new insights into cognitive impairment in schizophrenia
Researcher develops technology to provide cleaner energy and cleaner water
Expect the unexpected: nanoscale silver unveils intrinsic self-healing abilities
nTIDE September 2024 Jobs Report: Gains in employment for people with disabilities appear to level off after reducing gaps with non-disabled workers
Wiley enhances NMR Spectral Library Collection with extensive new databases
[Press-News.org] Deepwater Horizon Owners Turn to Old Law Used in 'Titanic' CaseThe owners of the Deepwater Horizon oil rig--like the Titanic owners nearly 100 years ago--have turned to the Limitation of Liability Act of 1851 to limit their legal liability.