| With the news today that the Deepwater Horizon oil | | | | |
| spill catastrophe is threatening to affect the coastal | | | | 2. Be Informed and Know the Facts - Many business |
| areas of the Florida Panhandle, it is time the rest of | | | | owners have taken a "wait and see" approach. This |
| Florida's businesses take a hard look at whether their | | | | may work in the short term, but it is better to stay |
| business will be affected by the oil spill. Estimates of | | | | on top of your rights, and the appropriate time |
| how much oil continues to spew into the ocean range | | | | frame to make a claim. Attorney Joseph M. Maus |
| wildly from BP's estimate of 5,000 barrels of oil, to | | | | says that oil spill attorneys are offering a "consulting |
| other estimates of up to 70,000 barrels of oil per | | | | agreement" to keep business owners, and trade |
| day. | | | | organizations up to date on the BP Oil Spill litigation |
| | | | | and claims process. BP is already working to gain a |
| Once this oil slick hits the gulfstream, it in only a | | | | favorable jurisdiction in Texas to process most claims. |
| matter of time before it continues around the lower | | | | BP has also already attempted to limit the amount of |
| part of the State of Florida and starts to have a | | | | its liability based upon a decades old maritime law. |
| negative effect on businesses already struggling to | | | | Attorney Maus says failing to stay informed, and |
| survive. Lloyd's of London has estimated that net | | | | represented, could allow BP to corral many |
| claims from the Deepwater Horizon explosion in the | | | | unsuspecting businesses into a legal venue that is not |
| Gulf of Mexico currently stand between $300 million | | | | favorable to a Florida business. |
| and $600 million. The damage caused by this disaster | | | | |
| is predicted to go far into the billions of dollars. | | | | 3. Know the Laws that Apply - Claims arising out of |
| It is easy to see how fisherman that make a living | | | | the BP oil disaster are going to be processes through |
| off fishing in the Gulf of Mexico will be affected. The | | | | a complex maze of state and federal laws. One of |
| same could be said for the hotel industry, and other | | | | the most comprehensive laws that will apply is the |
| businesses closely tied to the Panhandle and Gulf of | | | | Federal Oil Pollution Act. This Act imposes "strict |
| Mexico. BP has even set up claims offices throughout | | | | liability" on a "responsible party" that discharges oil |
| the Panhandle in Pensacola, Gulf Breeze, Fort Walton | | | | into the water and causes damage. However, this |
| Beach, Crawfordville, Apalachicola, Port St. Joe, and | | | | law also includes damage caps (sometimes only |
| Panama City Beach. However, there have been no | | | | $75,000,000), presuit requirements, and time |
| BP Claims Centers opened in the Central Gulf Coast, | | | | limitations. Other state and/or federal laws may apply |
| or in South Florida despite numerous and continued | | | | which also have damages caps, presuit requirements |
| reports that indicate the giant oil slick is coming our | | | | and additional time limitations. |
| way. | | | | |
| | | | | The Oil Spill legal process is already moving at an |
| South Florida attorney Joseph M. Maus says that oil | | | | incredible rate. The fighting has begun over what |
| spill legal issues are already being determined by | | | | venue claims will be handled in, which laws will apply, |
| companies and groups that have filed early claims | | | | whether there will be damages caps, what the time |
| against BP. If you wait too long, the manner in which | | | | limitations will be , and may other critical issues that |
| a claim can be made will have already been decided, | | | | will have a direct impact on any claim you may want |
| and many of the issues which affect your claim, and | | | | to make. BP has an incredible amount to lose in the |
| the amount you can recover, may have been decide | | | | claims process and they already have an army of |
| too. There are a few things you can do now to | | | | lawyers attempting to shape the way your claim is |
| understand and maximize any claims you may have | | | | going to be handled. |
| for your business: | | | | |
| | | | | Attorney Joseph M. Maus recommends entering into |
| 1. Don't be shortsighted - virtually every business in | | | | a consulting agreement with an attorney now to |
| South Florida has the potential to be affected by this | | | | ensure your rights are protected. The consulting |
| disaster. Tourism, the lifeblood of South Florida' | | | | agreement does not bind you into making a claim |
| economy, supports not only those directly involved in | | | | down the road, but it keeps you informed about the |
| hotels, attractions, beaches and travel, if indirectly | | | | claims process so that when you start to see an |
| supports almost every business in South Florida - the | | | | affect on your business, you'll know how best to |
| restaurant industry, the real estate industry, | | | | proceed, and you will not miss and presuit deadlines. |
| manufacturing, marinas and supply businesses. Take | | | | Attorney Maus recommends a consulting agreement |
| the time now to assess your business and its | | | | for all business that will be affected by the spill - |
| revenue. The full brunt of this Oil disaster may not be | | | | from marinas and businesses in the yachting industry, |
| felt by your business for 6-12 months, or longer. And, | | | | to the rental car and hotel industry, fishing |
| it could affect your business for many years to | | | | businesses, restaurant trade groups, and anybody |
| come. | | | | that relies on tourists for their business. |