The BP oil spill in the Gulf of Mexico won’t be cleaned up until fall, and the effects will linger for years to come, according to reports. In the meantime, damage mounts to the environment, the economy, and the people and businesses of the Gulf states. Many wonder how BP will compensate for those damages and be punished for the rig’s explosion and the leak. How can authorities and the legal system help reduce the risk of something like this ever happening again? Unfortunately, even as the legal system starts to take action, full compensation will take considerable time, and it isn’t certain that BP can be made to pay for all the damage it’s caused. The confusion over how to proceed with litigation against BP and how to enact laws to prevent future environmental disasters has put the role of tort law in the spotlight.
For years, some have rallied for “tort reform.” Under the tort system, if one party harms or wrongs another party, the other party can claim compensation in the form of damages. It doesn’t matter if the wrong was done to property, person, or interests — tort still compensates. Sure, lawsuits can be time-intensive, expensive, and inefficient in their compensation methods, so reducing the incentive for these suits through tort reform might sound like a good thing, especially if you’re a business looking to avoid frivolous suits. However, sometimes lawsuits are necessary for both justice and deterrence, and in these cases, it’s essential that people can get the justice they need, and the wrongdoer (like BP) can be punished to the fullest extent of the law.
The Deepwater Horizon leak may result not just in an environmental catastrophe and an economic disaster, but also in national frustration at our legal system. The BP oil spill may be exactly the type of situation that reinforces the tort system’s critical role to compensate victims, and punish and deter bad actions by big companies.
According to New Orleans lawyer Charles Lavis, “BP has opened 25 claims offices across the Gulf [Coast] and sent $46 million in [compensation] so far to some 17,500 Gulf Coast residents for their lost income. Another 17,500 claims have not been paid because of problems with claimant documentation.”
If you believe that you have a BP oil spill lawsuit or claim and want more information, find a lawyer to help.
Come Join us at Article 3
What Role Should States Play in Immigration Policy?
Episode 63: When Will We Be Voting Online?
Can Online Voting Become the Norm, Democratizing the Election Process?
