Helicopter Contracts: OCSLA versus Maritime Law OCS Torts: OCSLA versus DOHSA

摘要

Omni Energy Services Corp. ("Omni") provides helicopter transportation to offshore platforms for W&T Offshore, Inc. ("W&T"). On December 17, 2004, an Omni helicopter was transporting W&T personnel to an offshore platform, but a boat landing stored on or near the helipad blocked the passengers' exit. When the pilot attempted to move the helicopter, the rotor struck the boat landing, and the helicopter skidded and fell into the sea. Two passengers are injured; the third, Bert Hollier, floated in the water for two hours and died of a heart attack while he was being rescued. Litigation between Omni and W&T regarding the enforceability of the mutual indemnity clause in their contract is consolidated with tort claims brought by Hollier's heirs. The district court finds the contract between Omni and W&T to be governed by the Outer Continental Shelf Lands Act ("OCSLA") rather than maritime law. Under OCSLA, the law of the adjacent state (here, Louisiana) would control the contract claims, thus the Louisiana Oilfield Indemnity Act ("LOLA") would invalidate the contractual indemnity provisions.