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 Georgia, as in other states, a tort is a civil wrong that can result in the tortfeasor (the person who commits the tort) being held liable for damages. Toxic tort law is a specialized area within tort law that deals with harm caused by exposure to toxic substances. Georgia follows the general principles of tort law, which require the plaintiff to prove that the tortfeasor owed a duty of care, breached that duty, and caused damages as a result of the breach. In the case of toxic torts, plaintiffs must typically show that their injuries were caused by exposure to a toxic substance due to the tortfeasor's negligence or willful misconduct. This can involve demonstrating that the substance was dangerous, that the tortfeasor knew or should have known of the danger, and that there is a causal link between the exposure and the plaintiff's injuries. Toxic tort cases in Georgia can be complex, often involving scientific evidence and expert testimony. They can arise from various sources, including occupational exposure, pharmaceuticals, consumer products, and environmental contamination. Plaintiffs may seek compensatory damages for medical expenses, lost wages, and pain and suffering, and in some cases, punitive damages if the tortfeasor's conduct was particularly egregious. It's important for individuals involved in toxic tort claims to consult with an attorney who has experience in this area of law to navigate the complexities and advocate for their rights.