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 North Carolina, 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 torts specifically deal with injuries caused by exposure to hazardous substances, such as chemicals, asbestos, lead-based paint, and other toxic materials. North Carolina law allows individuals who have been harmed by such exposures to seek compensation through personal injury claims. These claims can address a range of issues, including medical expenses, lost wages, pain and suffering, and other damages resulting from the exposure. The state follows the rule of contributory negligence, which means that if the injured party is found to be even slightly at fault for their own injury, they may be barred from recovering damages. Additionally, North Carolina has a statute of repose that limits the time period within which a toxic tort claim can be filed, typically starting from the last act of the defendant that gave rise to the injury. It is important for individuals pursuing toxic tort claims in North Carolina to consult with an attorney who is knowledgeable in this area of law to navigate the complexities of these cases and to ensure that their rights are protected.