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 Texas, toxic tort law addresses legal claims arising from exposure to harmful substances. These claims typically fall under the broader category of personal injury law. Individuals who have been exposed to toxic substances such as asbestos, chemicals, pesticides, or lead-based paint and have suffered injuries as a result may seek compensation through a toxic tort claim. The injured party, or plaintiff, must prove that the exposure to the toxic substance was caused by the negligence or wrongdoing of another party, known as the tortfeasor. This involves demonstrating that the tortfeasor owed a duty of care to the plaintiff, breached that duty, and that the breach directly caused the plaintiff's injuries. Texas law also includes statutes of limitations, which set time limits for when a toxic tort claim must be filed. Additionally, Texas follows a modified comparative negligence rule, which means that if the plaintiff is found to be partially at fault for their own exposure or injuries, their compensation may be reduced proportionally. In cases where the exposure to toxic substances is widespread, affected individuals may join together in a class action lawsuit. An attorney specializing in personal injury or specifically toxic tort law can provide guidance on the complexities of these cases and the potential for recovery of damages.
