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 Mexico (NM), a tort is recognized as a civil wrong that can result in liability for damages. Toxic torts, a subset of tort law, deal with injuries caused by exposure to hazardous substances. New Mexico law allows individuals who have been harmed by such exposure to seek compensation through the courts. This can include exposure to asbestos, chemicals, lead paint, and other toxic materials. Plaintiffs in toxic tort cases must prove that their injuries were caused by the exposure and that the defendant was responsible for the exposure. These cases can be complex due to the scientific evidence required to establish causation and the potential for long latency periods between exposure and the manifestation of injuries. New Mexico follows the traditional tort principles, which may include negligence, strict liability, or intentional torts, depending on the circumstances of the exposure and the nature of the toxic substance involved. It's important for individuals pursuing toxic tort claims to consult with an attorney who has experience in this specialized area of law to navigate the legal requirements and to effectively present their case.