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 Ohio, 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. Ohio law allows individuals who have been harmed by such exposures to seek compensation through the courts. These claims can be complex, often involving detailed scientific evidence to prove causation between the exposure and the injury. Ohio follows the traditional negligence principles, requiring proof of duty, breach, causation, and damages. In some cases, Ohio may also apply strict liability, particularly in cases involving abnormally dangerous activities or products. Statutes of limitations are critical in toxic tort cases, and in Ohio, personal injury claims must generally be filed within two years of the date the injury was discovered or should have been discovered. It's important for individuals pursuing toxic tort claims in Ohio to consult with an attorney who is experienced in this area of law to navigate the complexities and to ensure that their rights are adequately protected.