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 Kentucky, 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 tort law, a subset of tort law, deals with injuries caused by exposure to hazardous substances. Kentucky follows the general principles of tort law, which allow individuals who have been exposed to toxic substances, such as asbestos, chemicals, or lead-based paint, to seek compensation for their injuries through personal injury claims. 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 involved. Victims may be entitled to monetary damages for medical expenses, lost wages, pain and suffering, and sometimes punitive damages. Additionally, Kentucky law may allow for injunctive relief to prevent further exposure or harm. It's important to note that toxic tort claims can be complex and often require scientific evidence to establish causation between the exposure and the injury. Therefore, individuals seeking to pursue a toxic tort claim in Kentucky are advised to consult with an attorney who specializes in this area of law to navigate the legal process effectively.