An oil tanker crashes off the coast of California. It dumps millions of gallons of oil into the ocean. Environmental experts estimate the damages at approximately $100 million dollars. During the investigation of the crash, it is suspected that the ship's captain was intoxicated while piloting the ship, and it was this negligence that led to the crash. Is the ship owner liable for the damages? Why or why not? What affect might the captain's negligence have on the amount of the owner's liability, if any?
What will be an ideal response?
The ship owner is liable for damages caused by the oil spill. Ordinarily, the Oil Pollution Act would cap the ship owner's liability at $75 million plus the removal costs in most circumstances. Here, because the presence of gross negligence is at issue, there may not be a cap on the damages. The ship's owner could potentially be liable for a much greater amount.
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