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 Indiana, 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 torts specifically refer to injuries caused by exposure to harmful substances, such as chemicals, pharmaceuticals, or environmental hazards. Indiana law allows individuals who have been harmed by such exposures to seek compensation through the courts. These claims can be based on various legal theories, including negligence, strict liability, or product liability, depending on the circumstances of the exposure and the nature of the toxic substance. Plaintiffs in toxic tort cases may seek damages for medical expenses, lost wages, pain and suffering, and other losses. Additionally, Indiana has statutes of limitations that set deadlines for when a toxic tort claim must be filed, typically within two years from the date the injured party knew or should have known of the injury. It's important for individuals pursuing toxic tort claims in Indiana to consult with an attorney to navigate the complexities of these cases and to ensure that their legal rights are protected.