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 Florida, a tort is recognized as a civil wrong that can result in the tortfeasor (the person who commits the tort) being held liable for damages. Toxic torts specifically deal with injuries caused by exposure to toxic substances, such as chemicals, pharmaceuticals, or hazardous waste. Florida law allows individuals who have been harmed by such substances to seek compensation through personal injury claims. These claims can address a range of issues, including medical expenses, lost wages, pain and suffering, and more. The state statutes and case law in Florida govern the specifics of how toxic tort claims are handled, including the burden of proof, causation, and the statute of limitations. In Florida, the statute of limitations for toxic tort claims is generally four years from the date the injured party knew or should have known of the injury and its potential cause. However, certain substances, like asbestos, may have specific regulations and legal precedents that affect how claims are processed. It is important for individuals pursuing a toxic tort claim in Florida to consult with an attorney who is experienced in this area of law to navigate the complexities of these cases.