The difference isn't anything to do with you paying (or owning stock in them) but rather intention. If you were paying someone to refill boats with oil, and they unintentionally spilled a bunch (just as BP did), you'd be liable in the same way as BP is now.
Note that BP is in trouble... There will be lawsuits all over the place, and not just from shareholders.
Note that BP is in trouble... There will be lawsuits all over the place, and not just from shareholders.