Resort Injury Lawyer Blog

Following up the report Gulf Oil Spills Into Lawsuits, it seems BP LLC is starting to take action, but not all of it is welcome.

The Orlando Sentinel reports that outside Florida's panhandle BP has denied claims, despite major losses to tourism-based businesses. Chairman of the Florida Restaurant & Lodging Association Keith Overton affirms that BP denied a claim by a resort property where oil had not reached its beach. The $2 million claim was based on a documented loss of revenue compared to revenues from the previous three years.

The State of Alabama has reportedly filed a claim with BP for approximately $148 million to restore what was lost in its tourism economy and the tax revenue it generates.

The predicted legal cost to BP is more than the $20 billion the company has promised for a claims fund, reports Reuters. A federal panel will oversee hundreds of lawsuits from hotel owners, fisherman and injured rig workers. About 300 lawsuits have been filed to date, with tens of thousands of people estimated to have retained a lawyer but not yet sued.

Time will tell how many of the lawsuits will involve personal injury. Injuries have been reported and photographed since May.

A marine toxicologist and Exxon Valdez survivor reports in The Huffington Post that beach goers in four Gulf states are suffering skin rashes, blisters, welts, sore throats, ear bleeds and bronchitis after being in the ocean. The culprit? Dispersed oil - tiny bubbles of oil encased in chemical dispersants in the water column - and they're invisible. Overexposure to crude oil through inhalation and skin contact are known to create these symptoms.

Worse -- not only are small children at risk of breathing a higher dose of contaminants per body weight than adults, but children, pregnant women, people with compromised or stressed immune systems like cancer survivors and asthma sufferers, and African Americans are more at risk from oil and chemical exposure - the latter because they are prone to sickle cell anemia, reports the toxicologist.

Long-term effects of exposure to the chemical dispersants being used on the BP oil spill are yet to be seen but, as reported in The Tampa Tribune, the Centers For Disease Control and Prevention assert that long-term exposure can cause central nervous system problems or damage to the kidneys or liver.

BP and hotels alike - particularly those with private beaches - would do well to post warning signs about the hazards and potential for personal injury in the water. This may give rise to resort and hotel liability for failure to warn guests of a known hazard.

The damages to individuals and businesses caused by the BP oil spill in the Gulf of Mexico are no doubt going to be many and far-reaching. The Tampa Tribune reported on June 17 that more than 200 lawsuits had already been filed in federal courts across the Gulf Coast of Florida, for losses and damages related to the spill. Single-plaintiff and class-action lawsuits are being filed daily by people and businesses suffering the effects, some on behalf of scuba shops, hotels, restaurants and tourism-related retailers. With Florida's economy heavily dependent on tourism and the draw of its coastal areas, the filings are sure to continue.

© Cheryl Casey | Dreamstime.com
Contamination issues are leaking into the commercial fishing industry, and could end up on someone's dinner plate while vacationing in the Sunshine State. The FDA reports that it is monitoring fish and shellfish safety, testing for contamination, and specifically targeting oysters, crabs and shrimp, since they could retain contaminants longer than finfish. The FDA's newly established Incident Management Group is overseeing and coordinating issues related to the oil spill, and has already closed some fisheries as a precautionary measure.

The Associated Press has reported on health problems related to the spill. Florida beachgoers who swallow even small amounts of oil can suffer from upset stomach, vomiting and diarrhea. The Centers For Disease Control and Prevention says that long-term exposure to the dispersants dumped in the Gulf to break up the spill can have much more dire effects, including central nervous system problems or damage to the kidneys or liver.

Doctors in the Gulf area report a pattern of symptoms in the individuals working on the clean-up, which might have been caused by the burning of crude oil, noxious fumes from the oil, or the dispersants. Flu-like symptoms including respiratory problems, headaches and nausea could be the short-term indicators of potential long-term health effects. Court records showed more than 6,700 workers in the Exxon Valdez cleanup efforts suffered respiratory problems, which the company attributed to a viral illness.