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 Delaware, a tort is recognized as a civil wrong that can result in liability for damages. When the tort involves exposure to harmful substances, it is classified as a toxic tort. Delaware law allows individuals who have been harmed by exposure to toxic substances, such as asbestos, chemicals, or lead-based paint, to seek compensation through the legal system. These claims typically fall under personal injury law, where the injured party must prove that the exposure caused their injury or illness. Delaware follows the standard tort principles, which require showing that the tortfeasor owed a duty of care to the injured party, breached that duty, and caused damages as a result. In toxic tort cases, this can often involve complex scientific evidence to establish causation. Victims may be entitled to monetary damages for medical expenses, lost wages, pain and suffering, and sometimes punitive damages if the conduct was particularly egregious. In some cases, injunctive relief may also be sought to prevent further harm. It's important to note that toxic tort claims can be subject to specific statutes of limitations, which dictate the time frame within which a claim must be filed.