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 Missouri, toxic tort law addresses legal claims arising from exposure to harmful substances. These claims are a subset of tort law, which deals with civil wrongs that cause harm or loss, leading to legal liability. Toxic tort claims in Missouri may involve exposure to hazardous materials like asbestos, chemicals, pesticides, or lead-based paint, which result in personal injuries or illnesses. Victims of such exposure can seek compensation for their injuries through the legal system. Missouri law requires plaintiffs in toxic tort cases to prove that the exposure to the toxic substance directly caused their injury or illness. These cases can be complex due to the scientific evidence needed to establish causation and the long latency periods of some injuries. Missouri statutes and case law govern the specifics of toxic tort claims, including the statute of limitations for filing a claim, which is generally five years for personal injury but can vary depending on the circumstances. It is advisable for individuals involved in toxic tort claims to consult with an attorney who specializes in this area of law to navigate the complexities and to ensure that their legal rights are protected.