A tort is a wrongful act (other than a breach of a contract) that creates civil legal liability for money damages—and in some situations entitles the injured party to injunctive relief—an injunction or court order for the person or entity committing the wrongful act to stop a certain behavior or action. A person who commits a tort is known as a tortfeasor.
A toxic tort is a tort that involves exposure to harmful pharmaceuticals, chemicals, solvents, substances, gases, mold, or other materials, causing personal injuries and requiring medical treatment. Examples of toxic tort claims include exposure to asbestos-containing products, pesticides, lead-based paint, tobacco, and hazardous waste materials (such as those used by dry cleaners).
Toxic torts are often associated with personal injury claims, as many toxic torts can cause personal injuries. These claims and the related law are sometimes broadly referred to as toxic tort law.
In Alabama, a tort is recognized as a civil wrong that can result in liability for damages. Toxic torts specifically deal with harm caused by exposure to dangerous substances. Alabama law allows individuals who have been injured by such exposures to seek compensation through the courts. These claims can be based on various legal theories, including negligence, strict liability, or product liability. For instance, a company that negligently exposes workers to asbestos may be held liable for resulting illnesses. Alabama's statute of limitations typically requires that a toxic tort claim be filed within two years from the date the injury was, or should have been, discovered. However, the state's laws on toxic torts can be complex, often involving scientific evidence and expert testimony to establish causation. Therefore, individuals pursuing a toxic tort claim in Alabama are advised to consult with an attorney who specializes in this area of law to navigate the legal process and to ensure that their rights are adequately protected.