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 Vermont, as in other states, a tort is a civil wrong that can result in the tortfeasor (the person who commits the tort) being held liable for damages. Toxic torts specifically refer to injuries caused by exposure to toxic substances, such as chemicals, pharmaceuticals, or environmental hazards. Vermont law allows individuals who have been harmed by such substances to seek compensation through personal injury claims. These claims can address a range of issues, including medical expenses, lost wages, pain and suffering, and other damages resulting from the exposure. Vermont statutes and case law govern the specifics of toxic tort claims, including the standards for proving causation, the types of damages that can be recovered, and any applicable statutes of limitations that set deadlines for filing claims. Additionally, federal laws and regulations, such as those enforced by the Environmental Protection Agency (EPA), may also play a role in toxic tort cases, particularly when the exposure is related to violations of federal environmental standards.