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 Utah, a tort is recognized as a civil wrong that can result in liability for damages. Toxic torts specifically deal with harm caused by exposure to dangerous substances. Utah law allows individuals who have been injured by such exposures to seek compensation through the courts. These claims can arise from exposure to a variety of harmful substances, including asbestos, chemicals, and lead-based paint. The injured party must prove that the exposure caused their injury and that the tortfeasor (the party responsible for the exposure) was negligent, strictly liable, or intentionally responsible for the harm. Utah's statutes of limitations set deadlines for when a toxic tort claim must be filed, typically within a certain number of years after the injury or its discovery. Additionally, Utah may have specific statutes and regulations that govern certain types of toxic exposures, such as those related to workplace safety and environmental contamination. Plaintiffs in toxic tort cases may seek damages for medical expenses, lost wages, pain and suffering, and sometimes punitive damages, depending on the circumstances of the case.