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 California, toxic tort law addresses legal claims arising from exposure to harmful substances. These claims typically involve personal injury resulting from exposure to hazardous materials such as asbestos, pesticides, lead-based paint, tobacco, or industrial chemicals. California law allows individuals who have been harmed by such substances to seek compensation for their injuries, medical expenses, lost wages, and other damages. The state has specific statutes and case law that govern the liability of manufacturers, distributors, employers, and other parties who may be responsible for exposing individuals to toxic substances. California also has a statute of limitations for toxic tort claims, which generally requires that a lawsuit be filed within a certain time frame after the injury or after the injured party discovered or should have discovered the injury. It's important for individuals pursuing a toxic tort claim in California to consult with an attorney who is experienced in this area of law to navigate the complexities of these cases and to ensure that their rights are protected.