About the Incident

Causes of the Explosion:

Although it is too early to know for sure, it is already clear that a series of human errors and mechanical failure led to the explosion. Some of the possible causes include:

Cementing:

Cementing is a process that is supposed to prevent oil and natural gas from escaping by filling gaps between the outside of the well pipe and the inside of the hole bored into the ocean floor. Cement, pumped down the well from the drilling rig, is also used to plug wells after they have been abandoned or when drilling has finished but production hasn’t begun.

In the case of the Deepwater Horizon, workers had finished pumping cement to fill the space between the pipe and the sides of the hole and had begun temporarily plugging the well with cement; the cement job was finished, and pressure testing occurred. Despite there being problems with the pressure testing, Transocean and BP chose to continue displacing the mud, as if the cement job had been successful. This was a grave error. For cementing to be effective, the right mix must be used, and the cement must have time to harden. Naturally, the decision to displace the cement is ultimately made by the company–in this case, BP. Because BP was paying $500,000 daily to lease the rig, naturally there is incentive to rush the job. If the cement mix was inadequate, or if insufficient time was given for it to harden, Halliburton (the company that performed the cementing) and BP (the company for whom Transocean was working) will have major liability.

Blow Out Preventor:

A blowout preventer (BOP) is a large valve that can seal off at the surface wellhead a well being drilled or worked over. During drilling or well interventions, the valve may be closed if pressure from an underground formation causes fluids such as oil or natural gas to enter the wellbore and threaten the rig. By closing this valve (usually operated remotely via hydraulic actuators), the drilling crew can prevent undesired fluid flow, thus regaining control of the wellbore. Once this is accomplished, often the drilling mud density within the hole can be increased until adequate fluid pressure is placed on the influx zone, and the BOP can be opened for operations to resume. In this case, we know that the blow out preventer failed to operate. We also know that the BOP had been altered, but BP instructed and paid for the modifications. Because this safety device failed, the manufacturer (Cameron out of Houston, Texas) will likely have major liability, as will BP.

Drilling Operations–Human Error:

The Deepwater Horizon was owned by Transocean, which is headquartered in Houston. The Deepwater Horizon is what is considered a “vessel” under admiralty law. All of the individuals aboard the Deepwater Horizon are considered Jones Act seaman, protected by federal law–meaning that Transocean owes a duty to maintain a safe workplace and a “seaworthy vessel,” and other federal duties. According to eyewitnesses, prior to the pressure “kick,” no alarms sounded. This lack of warning is likely one of the reasons individuals were not able to evacuate the rig floor prior to the ignition. Other anecdotal evidence is being investigated. Under admiralty law, a vessel that sinks is presumed unseaworthy, meaning the rig operator is liable for the injuries caused. Obviously, Transocean faces major liability for the explosion and ultimate sinking of the Deepwater Horizon. Transocean will also face liability for the resulting oil spill.

BP Exploration and Production:

BP leased the Deepwater Horizon from Transocean, and it was Transocean personnel who were drilling BP’s field. BP as the “company” had ultimate control over the rig. Under federal law, BP is responsible for its own negligent decision made with regard to cementing, geologic information, and drilling, and, with regard to any pollution that occurs, is responsible regardless whether BP was negligent or not. In light of the human and environmental costs, BP will face major liability for the explosion. In light of BP’s history of problems both offshore and in the refinery context, BP’s conduct will be under the spotlight for some time to come.

Going forward:

Most blowouts that occur offshore historically are the result of a cementing issue, or a BOP failure. Unfortunately, because the Deepwater Horizon now is under the ocean, in 5,000 feet of water, proof in this case will require retention of the best experts, and expenditures of many hundreds of thousands of dollars. No doubt, this case will go on for a many years, and will require thousands of hours of attorney work. BP has almost unlimited resources, and can hire as many attorneys as it takes to fight the case. It is imperative that the firm you hire can match BP in both money, staff, and staying power. BP and the other Defendants already have an army of attorneys lined up to defend them. Now is not the time to hire a solo practitioner, or someone who you find in a phone book, or who cold called you. It is imperative that you look beyond the slick ads, and fancy websites, and hire someone who has gotten results time and again. Importantly, ask how many cases the attorney has tried, and what history he or she has with BP and Transocean. When you ask these hard questions, The Buzbee Law Firm is clearly the best choice.

Routinely, many days after a traumatic event such as this one, workers notice for the first time issues such as sore necks or backs, or other injuries not previously noticed due to the stress of the situation. When these problems manifest themselves, it is important to act quickly. Every day you wait to report an injury makes it that more difficult to prove. However, so long as it is a legitimate injury, it simply is never too late to seek treatment for your injuries and to seek compensation from the negligent parties who caused your injuries. If you need assistance choosing a doctor, The Buzbee Law Firm can provide referrals to some of the best doctors in the Gulf South and will work with you to make sure that the company, not you, pay the medical bills for this treatment.

The Buzbee Law Firm has already retained several experts to assist in collection of evidence and determination of the cause of the explosion. We want to help you. The first consultation with the firm is always free; further, the firm will represent you on a contingency basis–meaning if you don’t get money from the liable parties, you owe the firm no fee. Finally, if the firm decides to take your case, and you are unable to work, the firm frequently provides advances for living expenses and other necessities during the pendency of the case. Call or email the firm today.