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 West Virginia (WV), 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 that cause harm to individuals, separate from contractual disputes. Toxic tort claims in WV typically involve exposure to hazardous materials like asbestos, chemicals, or lead-based paint, which result in personal injuries or illnesses. The injured party can seek monetary damages for the harm suffered, and in some cases, may also obtain injunctive relief to prevent further exposure or harm. The individual or entity responsible for the exposure is known as the tortfeasor and can be held liable if it is proven that their actions led to the exposure and subsequent injury. These cases can be complex, often involving scientific evidence and expert testimony to establish causation between the exposure and the injury. State statutes and case law in WV will govern the specifics of toxic tort claims, including the statute of limitations for filing a claim, the standard of proof required, and the types of damages that may be recovered.