A judge has ruled that BP can be sued for punitive damages in the Deepwater Horizon oil rig explosion in April 2010, handing a big win to plaintiffs who sustained losses in the aftermath of the tragedy.
Judge Carl Barbier ruled that, under maritime law, plaintiffs are allowed to make a claim for punitive damages. Plaintiffs include individuals, companies and businesses that suffered losses resulting from the explosion and subsequent oil spill.
The explosion of the Transocean-owned, BP-operated Deepwater Horizon oil rig killed 11 rig workers and injured dozens. The resulting leak from the Macondo oil well spewed millions of gallons of oil into the Gulf of Mexico, destroyed marine life and adversely affected local economies all along the Gulf.
BP, Transocean and other defendants have said punitive damages are not applicable because of the US Oil Pollution Act, which prohibits plaintiffs from suing for punitive damages.
Judge Barbier also dismissed all claims filed under state laws, ruling those claims must be filed under maritime law to proceed. He also dismissed negligence claims brought against two minority owners of the Macondo well, Anadarko and Mitsui.
The judge also has allowed companies to proceed with claims of lost revenue due to the federal moratorium on deep water drilling after the rig explosion and oil spill. Boat owners who have filed claims after their vessels were damaged during cleanup efforts also can take their claims to court, the judge has ruled.
The lawsuits name BP, Transocean, Cameron International Corp. and Halliburton Co., which was responsible for cement jobs on the oil rig.
The Jones Act lawyers at Maintenance and Cure represent injured offshore workers and families of offshore workers killed in accidents. We’ve represented numerous individuals injured in the explosion of the Deepwater Horizon oil rig.
