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Oil Spills

Writings on Legal Matters

Under the Navigation Law, the discharger of oil or the party who delivers oil to your home or business is strictly liable for all damages associated with the spill.  This includes the cleanup or the remediation of the spill site and all indirect and direct damages which result from the spill.  Many land owners are unfamiliar with their rights after an oil spill occurs on their premises.  Oil is a toxic substance that can have devastating effects on your home and property. The Navigation Law protects your rights and will provide adequate compensation for the damages you sustain.

The oil companies are responsible for damages including:

  • The full cleanup of the spill;
  • Alternative and additional living expenses (if the home is uninhabitable due to odor, etc.);
  • Damage to personal property (fabrics, sheets, clothing, children’s toys etc.) due to volatile organic compounds [VOC];
  • Damage to your home and property; and
  • Compensation for all direct and indirect damages including attorney’s fees.

In addition, homeowners can also seek Diminution of Value of their home. When an oil spill occurs, the Department of Environmental Conservation (DEC) is involved and the spill in your home becomes public record.  Homes are generally worth less as a result of the oil spill, often significantly less.

Homeowners hire our firm to fight for their rights.  We advocate on behalf of our clients for the harm they have suffered when an oil spill occurs in their home or their business.

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