Article by Patrick J. Bonner
Following the Deepwater Horizon incident, there was a great deal of criticism of the Limitation of Shipowners Liability Actand claims that the owner of the Deepwater Horizon was using a legal loophole to shortchange those injured and the survivors of those killed on the rig. For instance, Senator John Rockefeller IV, Chairman of the Senate Committee on Commerce, Science, and Transportation, said,
It is my understanding today that Transocean, the owner of the Deepwater Horizon, is seeking to limit its liability for this loss in federal court under a legal loophole that is both unconscionable and outdated. Transocean's cold and calculated effort to avoid taking full responsibility for their actions--or inaction--shines a bright light on a serious problem: a lack of accountability and equal treatment under the law.
About the Author
Patrick J. Bonner. Member, Freehill, Hogan & Mahar, New York, New York; President, Maritime Law Association of the United States; Titulary Member, Comité Maritime International; B.A. Purdue University; J.D. Fordham Law School.
Citation
85 Tul. L. Rev. 1183 (2011)