Managing the Risk of Offshore Oil and Gas Accidents
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Managing the Risk of Offshore Oil and Gas Accidents

The International Legal Dimension

Edited by Günther Handl and Kristoffer Svendsen

This book addresses the international legal dimension of the management of the risk of accidents associated with offshore oil and gas activities. It focuses on the prevention and minimization of harm as well as the post-accident management of loss through liability and compensation arrangements and the processing of mass claims for compensation. Government officials of countries with offshore industries, international civil servants and academics in related fields will find the book a valuable resource.
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Chapter 8: Punitive damages

Martin Davies

Abstract

Punitive damages are awarded in the United States less often, and in smaller amounts, than is popularly imagined. This chapter shows that very few incidents in offshore oil and gas exploration and production could lead to an award of punitive damages in the United States. Punitive damages would not be available for pollution damage claims, or for personal injury or death claims brought by or on behalf of seafarers, or for claims brought by workers on fixed platforms against their employers. Punitive damages would most probably not be available in relation to similar incidents in other common law countries and would definitely not be available in civil law countries.

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