Navigation Law Article 12 (the “Oil Spill Law”) is the statutory authority which addresses liability and cleanup for oil spills on land and water in New York State. The Oil Spill Law, which was enacted in 1977, prohibits the unpermitted "discharge" of petroleum.
Under Under Navigation Law §181(1), there is strict liability for dischargers. It states: “[a]ny person who has discharged petroleum shall be strictly liable, without regard to fault, for all cleanup and removal costs and all direct and indirect damages, no matter by whom sustained....”. “Discharge” is defined to include all “intentional and unintentional... releasing, spilling, leaking,... of petroleum “into the waters of the state or onto lands from which it might flow or drain into said waters....”
If you have had an oil spill, whether as a result of an outdoor or basement storage tank being overfilled, an error by a delivery company, or by another event, you may have a claim under the Navigation Law, in addition to causes of action for traditional negligence. Quite often the damage is far more than you can see with the naked eye. Contaminated soil and contaminated building components must be removed, cleaned, and properly disposed of before restoration can begin. Cleanups must be carefully monitored and performed properly by a certified professional.
Greenblatt Agulnick can assist in obtaining full indemnification for your oil spill loss, as well as adjusting the loss, and assisting in the retention of a qualified oil spill remediation contractor. Our office handles claims throughout the State of New York, Long Island, and New York City.
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