Those injured by an oil spill may risk losing their maximum recovery if their lawyers don’t correctly analyze future liability. Oil spill claims are unique: Damages are large and difficult to discern, and they occur over a long period of time. Regardless of the methods used to recover incurred damages, an injured party’s lawyer quickly should develop a strategy to protect against future damages—both first-party damages and liability to third parties and government entities.
The Oil Pollution Act of 1990 (OPA) generally regulates oil spills. Under 33 U.S.C. §2702(a), OPA provides for the recovery of removal costs and other damages from a responsible party. First, we’ll consider how to preserve claims under OPA for future first-party liability. Second, we’ll examine preservation of claims for future third-party liability.
