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 South Carolina, toxic tort law allows individuals who have been harmed by exposure to dangerous substances to seek compensation through the civil court system. Toxic tort claims can arise from exposure to a variety of harmful materials, such as asbestos, lead-based paint, chemicals, and other hazardous substances. These claims typically allege that the exposure led to personal injuries or illnesses, such as cancer or respiratory diseases. The injured party (plaintiff) must prove that the exposure to the toxic substance was caused by the negligence or wrongdoing of another party (defendant), such as a manufacturer, employer, or property owner. South Carolina follows the doctrine of comparative negligence, which means that if the plaintiff is found to be partially at fault for their own exposure, their compensation may be reduced proportionally. Additionally, there are specific statutes of limitations that apply to toxic tort claims in South Carolina, which limit the time frame within which a lawsuit can be filed. It is important for individuals pursuing toxic tort claims in South Carolina to consult with an attorney who is experienced in this area of law to navigate the complex legal and scientific issues that often arise in these cases.