At present, the OPA limits liability to $75,000,000 per incident unless the incident was caused by gross negligence, willful misconduct, or violation of federal safety or operating regulation. A new fund of $20 billion has been set up by BP to cover damages. A fund administrator has been hired and claims for damages will be coming out of this fund.

Individuals may recover damages for injury or economic loss resulting from destruction of real property, losses resulting from use of natural resources, losses from lost profits or impairment of earning capacity.

Another fund - the Oil Spill Liability Trust Fund, which is administered by the Coast Guard is used for cleanup costs as well as compensation for damages. Individuals can only get money from this fund once they have been denied money from the $75 M fund. Governmental agencies can also seek money from this fund for damages to natural resources.

Private party lawsuits are another way to seek damages. There are a lot of these. Check the ads in the newspaper. Many of these lawsuits will probably be settled from the $20 billion fund.

Remember keep track of all expenses and damages. Take pictures.

web links