ABSTRACT
Claims for toxic damage to property may be measured by calculation of the property value lost due to toxic damage or contamination. For property damage or contamination occasioned by toxic exposure, plaintiff may seek money damages measured by the lost value of the property, measured by loss of resale value, or in the case of rental property, the lowering of its rental viability. An individual suffering personal, physical injury or disease from exposure to a toxic harm may seek compensatory damages for past and future: physical pain and suffering; emotional distress; medical and rehabilitation expenses; lost income; and in some jurisdictions, lost enjoyment of life. An increasing number of toxic tort cases have permitted compensatory damages for emotional distress occasioned by an increased risk of suffering a toxic illness. A government entity may seek an award of punitive damages in a common law action for public nuisance, even where the conduct at issue may also be punishable as a crime.
