Has someone spilled home heating oil or diesel fuel on your property? Did the Mass. Department of Environmental Protection or the Federal Environmental Protection Agency get called in to oversee the cleanup effort? Did you know that the individual, corporation, vessel, or other entity that owns the apparatus from which the oil spilled is responsible to pay for the clean up effort?
Under the federal “Oil Pollution Act” and the Massachusetts General Law c. 21E s. 5(a) – the owner or operator of a vessel or a site from or at which there is or has been a release or threat of release of oil or hazardous material…shall be liable, without regard to fault…(iii) to any person for damage to his real or personal property incurred or suffered as a result of such release or threat of release.
Orlando & Associates, P.C. has seen this in a couple of different contexts in our 42 years of practice. We’ve represented property owners that were the victims of home heating oil spills on land, release from home heating oil tanks, home heating oil delivery trucks, etc. And, we’ve represented property owners with oceanfront properties who were the victims of diesel fuel spills from vessel that spill fuel in the ocean and washed up on shore. Depending whether it is on the ocean or on land, either the Oil Pollution Act (federally) or M.G.L. c. 21E (state) may apply. In some cases, both may apply to the case.
Both statutes call for “strict liability.” Which means the only question you need answered in your insurance claim and/or subsequent lawsuit is not who is responsible, but only what the measure of damages you are owed in compensation for your losses. Those losses could be loss of use and enjoyment of your property. It could be diminution in the value of your real property. It could be personal injury from the exposure to such hazardous materials. No matter which, Orlando & Associates, P.C. has you covered. But don’t wait, because there time limits for notice and for filing lawsuits under the statutes!
By virtue of reading this blog post you are not represented by Orlando & Associates, P.C. as an attorney/client relationship is not created without agreement of both parties. Therefore, Orlando & Associates, P.C. is not responsible for any decisions you make in furthering any legal matter in which you may be involved. Each individual person’s case or legal issue is unique and you should not rely completely upon the basic information contained within this blog post to pursue your own legal matter. Should you have any questions about the content of this blog post or any legal matter, contact an attorney from Orlando & Associates, P.C. It costs you nothing to have an initial consultation.
