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 Washington State, toxic tort law allows individuals who have been harmed by exposure to dangerous substances to seek compensation through civil lawsuits. These substances can include pharmaceuticals, chemicals, solvents, and other hazardous materials. When a person or entity's wrongful act leads to such exposure and consequent injury, the responsible party (tortfeasor) may be held liable for damages. This liability can cover medical expenses, lost wages, pain and suffering, and other losses. Washington follows the standard tort principles, which require the plaintiff to prove that the tortfeasor owed a duty of care, breached that duty, and caused harm as a result. In some cases, Washington law may allow for strict liability, where the injured party does not need to prove negligence if the harm resulted from an inherently dangerous activity or product. Additionally, Washington has specific statutes and case law that address the statute of limitations for filing toxic tort claims, as well as the standards for proving causation and damages in these complex cases. It's important for individuals pursuing toxic tort claims in Washington to consult with an attorney who is experienced in this area of law to navigate the intricacies of these cases.