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 New Jersey, toxic tort law addresses legal claims arising from exposure to harmful substances that result in injury or illness. These claims typically fall under the broader category of personal injury law. Individuals who have been exposed to toxic substances such as asbestos, lead-based paint, chemicals, or hazardous waste may seek compensation for their injuries through a toxic tort lawsuit. The claimant must prove that the exposure to the toxic substance was the cause of their injury and that the party responsible for the exposure owed a duty of care to the claimant. New Jersey follows the 'discovery rule' for the statute of limitations in toxic tort cases, which means the time limit for filing a lawsuit begins when the injured party discovers, or reasonably should have discovered, the injury and its connection to the toxic substance. It's important for claimants to consult with an attorney to navigate the complexities of toxic tort law, including establishing causation, identifying responsible parties, and adhering to the applicable statute of limitations.