That's right, BP is going to sue the maker of the blowout preventer that failed to prevent, and the owner of the drill rig.
Actually, the BP man on the drill rig bears great responsibility for the blowout. He ordered skipping three leak tests of the cement job, any one of which would have showed the cement job had failed and was leaking high pressure natural gas up the well. Then they pumped out the heavy drilling mud and the well blew. This individual has never testified and in fact, left the US to avoid being put on the witness stand.
The blow out preventer, a 500 ton valve on the well top, was supposed to close and shut off the oil. It failed. It was salvaged last summer and inspected on a Lousiana dock last month. Apparently the drill pipe was a little off center and the "shear rams" won't work unless the pipe is right on center.
This is described as "a design failure". They got that right. In action the blow out preventer sits on the bottom, with 5000 feet, (one mile) of pipe reaching up to the drill rig floating on the surface. It doesn't take much to allow the drill rig to drift off position by a few hundred feet, pulling the pipe off center. Any blowout preventer that can't close no matter where the pipe is located is useless.
Apparently this blowout preventer met industry standards and they haven't done anything to stiffen those standards since the blowout. And, industry rumor has it that blowout preventers often are not strong enough to seal the very heavy and strong pipe used in deep water drilling. So in real life, the maker of the blowout preventer was doing what they had always been doing, making blowout preventers to industry standards. That shouldn't make them liable, although BP has plenty of expensive lawyers and you never know what a US court will do.
Was it me, I would require all blowout preventers pass a real test, right on the deck of the drill rig before lowering them into the sea. The preventer should seal a piece of the strongest pipe used in the well. In fact it ought to pass that test with a single failure, one dead battery, one broken wire, one leaking pipe, one empty air tank, etc. And pass that test with the pipe off center.
The drill rig owner is the same case, they were operating in accordance with industry and Coast Guard standards. In actual fact, when the rig caught fire it knocked out electric power, putting out the lights (the accident happened after dark), and killing the fire pumps. The rig is floating in the ocean, there is no lack of water to fight the fire, but when the fire hoses and the sprinklers go dead, the fire wins. They should have had about four engine driven fire pumps in four separate locations. The should have had sprinkler protection on the drilling deck, in the power room, and at the life boats. They should have had emergency lighting. But, none of these things are required and so that were not done. They are still not required. And so, should justice be done, the drill rig owner isn't liable, but again, expensive BP lawyers and US courts might give BP a courtroom victory.
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