Toxic-tort claims often arise from chemical releases or contamination and are thus combined with environmental claims, typically involving property damages and cleanup costs. The Texas limitations period associated with the most commonly asserted toxic-tort claims — negligence, nuisance and trespass — is two years.
Determining when the claims arose and whether the discovery rule can be applied successfully are frequently counsel’s key concerns with these tort claims. When toxic-tort claims are combined with environmental claims, the limitations considerations become significantly more complex, meriting careful study. Moreover, the interplay between damages recoverable under these different claims and their distinct limitations aspects can be important.
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