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 Pennsylvania (PA), toxic tort law addresses legal claims arising from exposure to harmful substances. These claims are a subset of tort law, which deals with civil wrongs causing harm to individuals, where the responsible party, known as a tortfeasor, may be held liable for damages. Toxic tort claims in PA can involve exposure to hazardous materials such as asbestos, chemicals, lead-based paint, and other toxic substances. Victims of such exposure may seek compensation for personal injuries, medical expenses, lost wages, and other damages. These cases often require demonstrating that the exposure led to the injury or illness, and that the defendant was responsible for the exposure. Pennsylvania follows the traditional tort principles, including negligence, strict liability, and product liability, to determine the liability of the parties involved in toxic tort cases. The state's statutes and case law guide the litigation of these claims, and the statute of limitations for filing a toxic tort claim in PA is typically two years from the date the injury was discovered or should have been discovered.