ABSTRACT

Toxic torts comprise harms to persons, to property, or to the environment due to the toxicity of a product, a substance, or a process. Tort law is the body of related doctrines imposing civil liability, in money damages, upon persons or businesses whose substandard conduct causes personal physical or emotional injury to others or damage to their property. The toxic tort harm may arise from a worker's exposure to hazardous chemicals in the workplace or her inhalation of respirable carcinogens. Because toxic tort claims almost always involve injury or damage that has a long latency period before the harm manifests itself, these qualities of toxic torts distinguish them from many other common law claims such as negligence, nuisance, or products liability. Proof of toxic tort causation may be more difficult than proof in many conventional personal injury claims. Unlike toxic tort suits, most environmental claims brought pursuant to statute by a public body are called "enforcement" or "penalty" actions.