That big question these days are about proximity claims, should oil have washed up on your beach before you can file a BP claim ? Or can anybody that has had loses in Florida from the lousy tourist summer file a BP Claim ?
On October 4 Feinberg announced that he would consider, though not necessarily pay out, proximity claims. The best argument I have for allowing proximity claims are the following example.
We have to find out what was in the mind of tourist coming to Florida this summer, from looking at the google searches over the 3o days here are the results.
“Florida Oil Spill” 40,000 searches
“Oil spill in Florida” 40,500 searches
It pretty clear that people trying to find out about the oil spill was worried about Florida and the oil spill, if people are worried about the conditions of a resort or hotel they will not call up to inquire about a reservation they will just go somewhere else. That the oil spill has damaged the tourist season in the whole of Florida this year cannot be a surprise to anybody. So letting restaurants, Hotels, Resorts and other industries affected by the oil spill but not right where oil actually came should be able to file a BP claim also.
The other get example to use for right to file proximity claim would be a hurricane out in the gulf, its bearing down on the Florida beaches, would tourist be avoiding beaches the hurricane was coming to ? yes for sure they would. Now imagine the hurricane staying in the gulf for 3-4 month just sitting around not really go into land but threatening land every single day. Would people risk going to the beach with the treath of a hurricane lurking out in the sea. No they would not. So with the oil spill threatening all the florida gulf beaches and keep the tourist away the people in Florida living in area’s where the oil did not come like Naples, keywest, St. Pete should have the same rights as the people in Pensacola and Destin Fl where oil came on the beaches.
If the possibility of oil coming onto the beach of any beach in Florida kept the tourist away all the people affected by that threat should have the right to file a BP claim.