With the news today that the Deepwater Horizon oil spill catastrophe is threatening to affect the coastal areas of the Florida Panhandle, it is time the rest of Florida's businesses take a hard look at whether their business will be affected by the oil spill. Estimates of how much oil continues to spew into the ocean range wildly from BP's estimate of 5,000 barrels of oil, to other estimates of up to 70,000 barrels of oil per day.
Once this oil slick hits the gulfstream, it in only a matter of time before it continues around the lower part of the State of Florida and starts to have a negative effect on businesses already struggling to survive. Lloyd's of London has estimated that net claims from the Deepwater Horizon explosion in the Gulf of Mexico currently stand between $300 million and $600 million. The damage caused by this disaster is predicted to go far into the billions of dollars.
It is easy to see how fisherman that make a living off fishing in the Gulf of Mexico will be affected. The same could be said for the hotel industry, and other businesses closely tied to the Panhandle and Gulf of Mexico. BP has even set up claims offices throughout the Panhandle in Pensacola, Gulf Breeze, Fort Walton Beach, Crawfordville, Apalachicola, Port St. Joe, and Panama City Beach. However, there have been no BP Claims Centers opened in the Central Gulf Coast, or in South Florida despite numerous and continued reports that indicate the giant oil slick is coming our way.
South Florida attorney Joseph M. Maus says that oil spill legal issues are already being determined by companies and groups that have filed early claims against BP. If you wait too long, the manner in which a claim can be made will have already been decided, and many of the issues which affect your claim, and the amount you can recover, may have been decide too. There are a few things you can do now to understand and maximize any claims you may have for your business:
1. Don't be shortsighted- virtually every business in South Florida has the potential to be affected by this disaster. Tourism, the lifeblood of South Florida' economy, supports not only those directly involved in hotels, attractions, beaches and travel, if indirectly supports almost every business in South Florida - the restaurant industry, the real estate industry, manufacturing, marinas and supply businesses. Take the time now to assess your business and its revenue. The full brunt of this Oil disaster may not be felt by your business for 6-12 months, or longer. And, it could affect your business for many years to come.
2. Be Informed and Know the Facts- Many business owners have taken a "wait and see" approach. This may work in the short term, but it is better to stay on top of your rights, and the appropriate time frame to make a claim. Attorney Joseph M. Maus says that oil spill attorneys are offering a "consulting agreement" to keep business owners, and trade organizations up to date on the BP Oil Spill litigation and claims process. BP is already working to gain a favorable jurisdiction in Texas to process most claims. BP has also already attempted to limit the amount of its liability based upon a decades old maritime law. Attorney Maus says failing to stay informed, and represented, could allow BP to corral many unsuspecting businesses into a legal venue that is not favorable to a Florida business.
3. Know the Laws that Apply- Claims arising out of the BP oil disaster are going to be processes through a complex maze of state and federal laws. One of the most comprehensive laws that will apply is the Federal Oil Pollution Act. This Act imposes "strict liability" on a "responsible party" that discharges oil into the water and causes damage. However, this law also includes damage caps (sometimes only $75,000,000), presuit requirements, and time limitations. Other state and/or federal laws may apply which also have damages caps, presuit requirements and additional time limitations.
The Oil Spill legal process is already moving at an incredible rate. The fighting has begun over what venue claims will be handled in, which laws will apply, whether there will be damages caps, what the time limitations will be , and may other critical issues that will have a direct impact on any claim you may want to make. BP has an incredible amount to lose in the claims process and they already have an army of lawyers attempting to shape the way your claim is going to be handled.
Attorney Joseph M. Maus recommends entering into a consulting agreement with an attorney now to ensure your rights are protected. The consulting agreement does not bind you into making a claim down the road, but it keeps you informed about the claims process so that when you start to see an affect on your business, you'll know how best to proceed, and you will not miss and presuit deadlines. Attorney Maus recommends a consulting agreement for all business that will be affected by the spill - from marinas and businesses in the yachting industry, to the rental car and hotel industry, fishing businesses, restaurant trade groups, and anybody that relies on tourists for their business.
Attorney Maus' office is located in Pompano Beach, Florida and he can be reached toll free at (866) 556-5529. He serves South Florida including Miami, Fort Lauderdale, Boca Raton, and Palm Beach.
