The Gulf Oil Spill has become an economic disaster of unparalleled proportion which threatens our fisheries, tourism and way of life. The entire Florida Coast is under imminent threat of ecological and economic destruction.
As anticipated, the spill entered the Loop Current carrying it to our fragile Florida shores. Those responsible are finger pointing and playing the blame game. You need an attorney who will stand up for you and win you FAIR COMPENSATION!
Michael S. Herring, a second generation Florida native, a 24-year trial court veteran, rated preeminent by his peers. He will fight for you and recover what you deserve.
Hotel/Motel Owners/Operators
Under the Oil Pollution Act of 1990 (text below), you may be entitled to damages for loss of income, including damages for canceled hotel/motel reservations relating to the spill. If you are an affected property owner or have any interest in the affected property, make sure to document all cancellations. If the cancellation is spill related, get reasons in writing or via email from the customer making the cancellation. Obtain biographical information, e.g. name, address and phone. This will help later in documenting your claim when those responsible inevitably attempt to avoid their economic responsibility. I can help you collect damages for lost profits related to this ecological disaster. Under federal law, those at fault are responsible for such damages. If you suffered a loss of income because of this oil spill, you are entitled to damages equal to the loss of profits or
impairment of earning capacity due to the injury, destruction, or loss of property or natural resources. Anyone with loss of profits or income may make such a claim. You do not have to own the damaged property or resources to submit a claim.
- Oil caused the majority of the environmental and economic damage
- The damage must have come as a result of a discharge or substantial threat of a discharge of oil
- The discharge must have come from a vessel or facility
- The discharge came from navigable United States waters
- Tourism
- Hotel/Motel
- Restaurants
- Retail
- Commercial Fishing
- Saltwater Sport Fishing
- Professional Guide Services
- Shrimping
- Oyster harvesting
- Crab harvesting
- Wildlife refuges
- Property Values
33 USC ยง 2702. Elements of liability
(a) In general
Notwithstanding any other provision or rule of law, and subject to the provisions of this Act, each responsible party for a vessel or a facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, into or upon the navigable waters or adjoining shorelines or the exclusive economic zone is liable for the removal costs and damages specified in subsection (b) of this section that result from such incident.
(b) Covered removal costs and damages
(1) Removal costs - The removal costs referred to in subsection (a) of this section are:
(A) all removal costs incurred by the United States, a State, or an Indian tribe under subsection (c), (d), (e), or (l) of section 1321 of this title under the Intervention on the High Seas Act (33 U.S.C. 1471 et seq.), or under State law; and
(B) any removal costs incurred by any person for acts taken by the person which are consistent with the National Contingency Plan.
(2) Damages
The damages referred to in subsection (a) of this section are the following:
(A) Natural resources
Damages for injury to, destruction of, loss of, or loss of use of, natural resources, including the reasonable costs of assessing the damage, which shall be recoverable by a United States trustee, a State trustee, an Indian tribe trustee, or a foreign trustee.
(B) Real or personal property
Damages for injury to, or economic losses resulting from destruction of, real or personal property, which shall be recoverable by a claimant who owns or leases that property.
(C) Subsistence use
Damages for loss of subsistence use of natural resources, which shall be recoverable by any claimant who so uses natural resources which have been injured, destroyed, or lost, without regard to the ownership or management of the resources.
(D) Revenues
Damages equal to the net loss of taxes, royalties, rents, fees, or net profit shares due to the injury, destruction, or loss of real property, personal property, or natural resources, which shall be recoverable by the Government of the United States, a State, or a political subdivision thereof.
(E) Profits and earning capacity
Damages equal to the loss of profits or impairment of earning capacity due to the injury, destruction, or loss of real property, personal property, or natural resources, which shall be recoverable by any claimant.
(F) Public services
Damages for net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards, caused by a discharge of oil, which shall be recoverable by a State, or a political subdivision of a State.
You May Be Entitled To Compensation. Pleae call our offices at (407)323-6700 or complete the form below and an Attorney will reply.