Delaware § 6208 Liability

Delaware Statutes

§ 6208 — Liability

Delaware·Title 7·Part Natural Resources·Ch. 62 OIL POLLUTION LIABILITY

(a)Subject to subsection (b) of this section, the owner and operator of a vessel or of a facility, which is the source of, or poses a threat of, oil pollution, shall be jointly, severally and strictly liable for all damages for which a claim may be asserted under § 6207 of this title.

(b)There shall be no liability under subsection (a) of this section:

(1)To the extent that the incident is caused by an act of war, hostilities, civil war or insurrection, or by a natural phenomenon of an unforeseen, exceptional, inevitable and irresistible character;

(2)As to a particular claimant, where the incident or the economic loss is caused by the gross negligence or wilful misconduct of that claimant.

(c)In addition to the damages for which claims may be asserted under § 6207 of this title,

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(a) Subject to subsection (b) of this section, the owner and operator of a vessel or of a facility, which is the source of, or poses a threat of, oil pollution, shall be jointly, severally and strictly liable for all damages for which a claim may be asserted under § 6207 of this title.

(b) There shall be no liability under subsection (a) of this section:

(1) To the extent that the incident is caused by an act of war, hostilities, civil war or insurrection, or by a natural phenomenon of an unforeseen, exceptional, inevitable and irresistible character;

(2) As to a particular claimant, where the incident or the economic loss is caused by the gross negligence or wilful misconduct of that claimant.

(c) In addition to the damages for which claims may be asserted under § 6207 of this title, the owner, operator or guarantor shall be liable to the claimant for such interest as may be awarded in the discretion of the court as well as court costs and attorneys’ fees.

(d) Nothing in this chapter shall bar a cause of action that an owner or operator, subject to liability under subsection (a) of this section, or a guarantor has or would have, by reason of subrogation or otherwise, against any person or governmental entity other than the State and its agencies or subdivisions.

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