Understanding and Protecting Landowner Rights After Oil Well Pad Incidents

Ohio’s rich oil and gas reserves bring economic opportunities but also present significant risks for landowners and neighbors. When an explosion or fire occurs on or near an oil and gas well pad, understanding your legal rights and remedies becomes critical. Below are some key considerations for Ohio landowners. Landowner Rights and Operator Responsibilities Landowners have the right to expect oil and gas operators to manage their wells safely. Operators are required to follow strict safety protocols regulated by the Ohio Department of Natural Resources (ODNR). If an explosion or fire occurs due to operator negligence, landowners may have claims for damages under several legal theories, including negligence, nuisance, and trespass. Negligence Claims in Oil and Gas Explosions Negligence claims arise when an operator fails to exercise reasonable care, resulting in harm. To establish negligence in Ohio, a landowner must prove:

1. Duty: The operator owed a duty of care to prevent harm.

2. Breach: The operator breached that duty, such as by failing to maintain equipment or properly handle flammable substances.

3. Causation: The breach caused an explosion or fire.

4. Damages: The landowner suffered injury or property damage as a result.

Nuisance and Trespass Claims

Explosions can interfere with neighboring properties, giving rise to nuisance or trespass claims. If an operator’s actions substantially disrupt a neighbor's ability to use or enjoy their property, or if debris or pollutants encroach on a neighbor’s land, they may be entitled to damages.  

Practical Steps for Landowners

1. Know your Lease Terms: When an oil and gas company approaches you about leasing your land, contact an attorney who can make sure your lease protects you in the event of an explosion.

2. Document Damages: Take photos, videos, and records of property damage immediately following an incident.

3. Consult Legal Counsel: Engage an attorney experienced in oil and gas law to navigate complex litigation and regulatory issues.

Conclusion

Explosions on or near oil and gas well pads can devastate property and livelihoods. Ohio landowners must understand their rights and legal options to seek justice and compensation. By partnering with knowledgeable legal professionals, landowners can hold operators accountable and ensure their interests are protected.   For more information or assistance, contact EQUES® Law Group at contactus@eques.law or 1 (844) My-EQUES (693-7837). Austin Warehime Attorney EQUES Law Group