Monday, June 14, 2010

Congressional leaders call for end to damages caps for BP

Facing cleanup and compensation costs that could reach as high as $37 billion, House Minority Leader John Boehner (R-Ohio) agreed with congressional Democrats that the arbitrary $75 million cap on liability against oil companies as a result of spills should be lifted, at least with respect to BP, as a result of the Deepwater Horizon disaster and spill. Last Month, the White House called for a substantial increase in the cap.

Turkheimer & Hadden agrees that negligent individuals and entities that cause injuries or damages to others should not be able to escape liability merely because of the existence of arbitrary caps on damages, particularly when there is no possible way to limit the damages that will be the burden of the injured parties. The Deepwater Horizon tragedy highlights the dangers and inherent unfairness of such caps that provide far-reaching protections only to the parties actually responsible for injuring others while leaving the injured without recourse.

Earlier this year, the Georgia Supreme Court struck down another arbitrary limitation on damages in the context of medical malpractice claims that would have limited liability to $350,000 for certain damages in medical malpractice cases. While the law purportedly sought to prevent frivolous litigation in Georgia, for which there are already procedural safeguards, the law actually harms those damaged most by the negligence of others by denying them compensation for their injuries.

The attorneys of Turkheimer & Hadden are zealous advocates of consumer protection and civil justice, and support actions that protect those rights such as the abolition of liability caps. Partners John Hadden and Stefan Turkheimer frequently represent those injured by the intentional or negligent wrongful acts of others in state and federal courts. They can be reached at:

Turkheimer & Hadden, LLC
44 Broad Street, Suite 600
Atlanta, Georgia 30303
(404) 890-7200

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