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 Massachusetts, toxic tort law governs legal claims arising from exposure to harmful substances that result in injury or illness. These claims are a subset of tort law, which deals with civil wrongs causing harm to individuals, separate from contractual disputes. Toxic tort claims in Massachusetts can be based on various legal theories, including negligence, strict liability, or breach of warranty. Plaintiffs in toxic tort cases must typically prove that the exposure to the toxic substance was the cause of their injuries, which can involve complex scientific evidence. Massachusetts law also requires plaintiffs to file their claims within a certain time frame, known as the statute of limitations, which is generally three years for personal injury claims, but can vary depending on the specific circumstances of the case. In some instances, Massachusetts law may allow for the recovery of damages, including medical expenses, lost wages, pain and suffering, and sometimes punitive damages. Additionally, Massachusetts courts may grant injunctive relief to prevent further exposure or harm. It is important for individuals involved in toxic tort claims to consult with an attorney to navigate the complexities of these cases and to ensure their rights are protected.