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 Montana (MT), toxic tort law addresses 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 Montana may involve exposure to hazardous materials such as asbestos, chemicals, lead-based paint, or other toxic substances. Plaintiffs in toxic tort cases typically seek monetary damages for their injuries, which can include medical expenses, lost wages, and pain and suffering. In some cases, they may also seek injunctive relief to prevent further exposure or harm. Montana follows the general principles of tort law, requiring plaintiffs to prove that the exposure to the toxic substance was the cause of their injury and that the defendant was responsible for the exposure due to negligence, strict liability, or another legal theory. These cases can be complex, often involving scientific evidence and expert testimony to establish causation and the extent of harm. Attorneys specializing in personal injury or environmental law can provide guidance on toxic tort claims in Montana.