Legal Definitions - continuing harm

Continuing harm refers to an injury, damage, or negative impact that is not a single, isolated event but rather persists, recurs, or progressively worsens over an extended period. Unlike a discrete incident with a singular impact, continuing harm involves an ongoing cause or ongoing effects that accumulate or endure over time.

Here are some examples to illustrate this concept:

• Environmental Contamination: Imagine a factory that has a slow, undetected leak from an underground storage tank, releasing hazardous chemicals into the soil and groundwater for several years. The initial leak might have occurred at a specific point in time, but the resulting contamination of the environment and potential health risks to nearby residents constitute a continuing harm. The damage isn't a one-time event; it accumulates and spreads over time as the chemicals migrate, requiring ongoing monitoring and remediation efforts.

• Defective Construction: Consider a newly built apartment complex where the plumbing system was installed incorrectly, leading to small, recurring leaks behind the walls in multiple units. These leaks cause mold growth, water damage to drywall, and structural deterioration that slowly worsens over months or even years. The harm is continuing because the faulty installation causes repeated and progressive damage, rather than a single, immediate flood that is quickly resolved. Residents experience ongoing property damage and health concerns until the systemic issue is fully addressed.

• Persistent Nuisance: Suppose a neighbor operates a commercial-grade wood chipper in their backyard for several hours every day, creating excessive noise that significantly disturbs the peace and quiet of adjacent homeowners. This situation represents a continuing harm because the disturbance is not an occasional event. The neighbors experience ongoing stress, inability to enjoy their property, and potential health impacts from persistent noise pollution, which endures as long as the noisy activity continues daily.