Tuesday, May 25, 2010

Fuel oil leak. Who's liable ?

I have a friend that has had a major heating oil company deliver her
kerosene and put in outside tanks for the last several years.
Recently there was a somewhat large oil leak that leaked fuel into the ground near her home. And about 15 feet from her drilled well.
The Environmental Services have been notified and work is already
underway to remove the contaminated soil. The lawn has been torn
up from the equipment and the phone line [new] has been dug up
already. It was marked `Dig Safe'. The removal of the soil is being taken care of by a grant of some sort I guess. But who is liable for the damages to the property ? What if the Well becomes contaminated. Who pays to drill a new one?
I say the Oil company should be responsible and should have checked the tanks etc. to make sure that they were safe before putting fuel into them. I don't feel that my friend should have to pay for anything. Please tell me that the Oil company can't get away with having her pay for it
Answers:
She is responsible for maintaining and correcting problems with her storage tank. She should be glad that the problem is being corrected with grant money, otherwise she would be responsible for cleaing it up on her own. The oil company just delivers the fuel. She is responsible for maintaining her own property (the storage tank).
The oil company is responsible for getting the oil in the tanks. That is it.
If her tanks leaked, it is HER problem, not the oil companies. She should properly maintain her tanks and inspect them annually.
if it's her tank, she's responsible for maintenance.
or lack of it.
The home owner.
It comes down to who owns the tank that the oil is put into on your friends property if the oil company own it than they are suppose to maintain and check the condition of the tank it if it is in visible sight for them to get too,but if it was buried like this one was than it may fall down to your friend especially if she saw the leak and did nothing to get help to repair the damage before it got so out of hand that what is being done now had to be done so this can go either way you need to check that out,in other words was that tank there when your friend moved there and when was it placed there how old is the tank,the weather the environment everything plays a role but condition and age of that tank are the major ones you want to check on as to how long that tank has been in the ground in that spot and what year it was placed there hope that helps.
If you would like to talk with an attorney about this you can review this website for our services.
www.BillGarner.com

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