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 Colorado, 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, such as chemicals, asbestos, or lead-based paint. Colorado law allows individuals who have been harmed by such substances to seek compensation through personal injury claims. These claims can be based on various legal theories, including negligence, strict liability, or breach of warranty. The statute of limitations for toxic tort claims in Colorado generally requires that a lawsuit be filed within two years from the date the injury was discovered or should have been discovered. However, Colorado has specific statutes that may extend this period for certain substances or conditions, such as asbestos-related claims. It's important for individuals pursuing toxic tort claims to consult with an attorney to navigate the complexities of these cases, including issues of causation, scientific evidence, and applicable regulatory standards.