Legal Definitions - action de die in diem

The Latin term action de die in diem translates to "action from day to day." In legal contexts, it refers to a situation where a cause of action, or the legal right to bring a lawsuit, arises anew each day that a wrongful act or omission continues.

This concept is particularly relevant for ongoing wrongs, such as continuing nuisances or trespasses, where the harm is not a one-time event but persists over time. Each day the wrongful conduct continues, it is considered a fresh instance of the wrong, potentially allowing for repeated legal action or the accumulation of damages for the duration of the ongoing violation.

• Example 1: Continuing Noise Nuisance

  Imagine a factory that operates loud machinery during nighttime hours, violating local noise ordinances, and this continues every night for several weeks. Each night the excessive noise occurs, a new instance of the nuisance arises. This means affected residents could potentially pursue legal action for the ongoing disturbance, with each day's violation contributing to the overall claim for damages or injunctive relief to stop the noise.

• Example 2: Persistent Property Encroachment

  Consider a scenario where a homeowner builds a fence that clearly extends several feet onto their neighbor's property. Despite the neighbor's requests to move it, the fence remains in place for months. In this situation, a new trespass is considered to occur each day the fence continues to occupy the neighbor's land. This allows the aggrieved property owner to seek remedies for the ongoing violation, such as demanding its removal and claiming damages for the continuous interference with their property rights.

• Example 3: Ongoing Failure to Maintain Public Infrastructure

  Suppose a municipal authority is responsible for maintaining a public park, but a dangerous, unrepaired pothole on a walking path persists for an extended period, despite numerous complaints from park users. Each day the pothole remains unrepaired and poses a hazard, a new instance of the authority's failure to fulfill its duty of care could be argued. If someone were to be injured, the ongoing nature of the neglect could be a significant factor in a claim for damages, reflecting the continuous breach of duty.