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Crude Defenses? Liability Limits For Offshore Drilling Accidents And Oil Spills, Richard Faulk
Crude Defenses? Liability Limits For Offshore Drilling Accidents And Oil Spills, Richard Faulk
Richard Faulk
All those who participate in realizing the benefits of exploration – including those who use the resulting products and depend on their safe handling to avoid harm – are subject to their dangers. When the risks are enormous, and when society’s demands are extraordinary, the situation is ripe for political compromise. The products of that compromise may not be popular at this time of crisis, but that does not lessen their importance as anchors of reason during difficult times. The Limitation Act and the OPA, as well as the procedures under Supplemental Rule F, form a foundation that enables the …
Stretching The Boom? Limiting Liability For Offshore Drilling Disasters, Richard Faulk
Stretching The Boom? Limiting Liability For Offshore Drilling Disasters, Richard Faulk
Richard Faulk
Offshore drilling is a tremendously complicated and potentially lucrative process. Unfortunately, it is also dangerous. Harvesters of fossil fuels face massive risks, not only to their lives and properties, but also to our environment and the livelihoods of all those who depend upon it. On balance, our “modern” sense of justice might insist that those who realize wealth should bear the risks that their exploration and production poses to others. But when a product, like petroleum, is inextricably woven into our national fabric, legislators sometimes reach surprising compromises. So, it seems, the owner of the Deepwater Horizon will argue in …
Products Liability And The Chemical Manufacturer: Limitations On The Duty To Warn, Richard O. Faulk
Products Liability And The Chemical Manufacturer: Limitations On The Duty To Warn, Richard O. Faulk
Richard Faulk
In the last decade, the principles of strict liability have been expanded to encompass virtually every type of injury caused by a manufacturer's product. Indeed, at least one state has effectively imposed absolute liability, under which a manufacturer is liable for all harm caused by its product, regardless of whether the injury was foreseeable at the time of manufacture. When the product is an identifiable object, such as an automobile or a household tool, conduct-related defenses, such as misuse, voluntary assumption of the risk, and contributory negligence, may apply. In the case of industrial chemicals, however, additional considerations are important. …