Alumni and Bp Scenario

Alumni and BP Scenario Collaborative Analysis

Penny August, Marilyn Ballester, Jeannie Tillery, Larry Williams, Elisa Young

LAW/531

March 18, 2012

Donna Ross

Abstract

This document is regarding the legal issues and principles that are present in the BP and Alumina cases. Learning Team D will read 4 articles regarding this incident. The Learning Team will identify the legal issues and principles that they determined pertinent for this case. The Learning Team will also discuss when legal counsel should get involved and why.

Alumni and BP Scenario Collaborative Analysis

On April 10, 2010, the Deepwater Horizon exploded. Despite all the efforts that were made by BP to stop the spill, “tremendous destruction was wrought – workers died from the explosion, livelihoods were diminished, the ocean was polluted, wildlife was killed, and commerce was disjointed” (Partlett & Weaver, 2011). This incident devastated the state of Louisiana.

The legal issues that are present are economic loss, family loss, and economic hardship. “On March 3, 2022, the state of Louisiana filed a complaint under the Louisiana Oil prevention Act and the Louisiana Environmental Quality Act in federal court, seeking declaratory judgment against BP...” (Horton, 2011). Other complaints against BP were that they disregarded the safety procedures and regulations of the state. This negligence caused BP to face other lawsuits for environmental damages under the act of Clean Water Act (CWA).

The principles of tort that this case will fall under are strict liability and assumption of risk. “Strict liability is certain activity that can place the public at risk of injury even if reasonable care (Cheeseman, 2010). The risk was the explosion in this claim. Assumption of risk is that BP knew the risky activity would probably happen and their employees understand the risk of their jobs.

Under the Sixth Amendment the “criminal defendant,” who in this case is BP, warrants a legal...