Alumina and Bp Essay example

1809 Words May 28th, 2013 8 Pages
Alumina and BP
Running a business does not come without the existence of liability risk and legal issues. The question posed is what are the liability risks that could lead to legal issues and how will such issues be handled. When legal issues are present in the business sector due to liability issues, more likely than not, others are affected both directly and indirectly by the situation. How the situations are resolved depends upon those involved and the complaint. BP and Alumina have faced such issues and, as discussed below, have had to resolve the issues present within their companies through legal processes.
Legal Issues and Principles Present
The impact of the BP oil spill of 2011 will be felt by residents of
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Extensive damage was done to properties along the Gulf’s coastline; many residents experienced high levels of stress caused from the destruction that the oil spill left behind. Though BP made efforts to stop the leak, it took four months to prevent more oil from spilling into the Gulf. This has caused many residents to be concerned about health risk that may arise from toxic chemicals used in clean up and oil present near surrounding properties (Goguen, 2012). Some tort principles present in the BP oil spill case are negligence, toxic tort, and wrongful death. BP had a duty of care to their employees; According to Chesseman (2010), “duty of care refers to the obligation people owe each other that is, the duty not to cause any unreasonable harm or risk of harm.” It has been argued that BP’s risk management procedures were not effective (McDonald, Caroline, 2010), therefore they breached this duty of care making them negligent in their practices. Negligence can only be present if duty of care is owed and a breach of that duty is present, the negligent act must cause injury and be proven to be the cause of that injury (Chesseman, 2010). In the Deepwater Horizon explosion injury was clearly caused; 11 employees lost their lives wrongfully that day “Wrongful Death” occurs when someone’s life is taken at no fault of their own but by legal fault of another (Goguen, 2012). Others were severely injured; residents

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