Legal Definitions - continuing injury

A continuing injury refers to harm or damage that is not a single, isolated event but rather persists, recurs, or progressively worsens over an extended period. Unlike an injury that occurs at a specific moment and then stabilizes, a continuing injury involves an ongoing process of harm, often making it difficult to pinpoint a single date of occurrence or resolution. This concept is particularly relevant in legal contexts for determining when a statute of limitations begins to run or when a new cause of action arises.

Here are some examples to illustrate the concept of a continuing injury:

• Example 1: Environmental Pollution

  A manufacturing plant consistently discharges chemical waste into a nearby stream, contaminating the water supply for downstream residents and harming local wildlife. The residents experience ongoing health issues and diminished property values due to the persistent pollution.

  This illustrates a continuing injury because the harm is not from a single spill, but from the plant's repeated and ongoing discharge of pollutants. Each day the contamination persists, the injury to the environment and the residents continues, creating a cumulative and persistent problem.

• Example 2: Chronic Medical Condition from Exposure

  An office worker develops a chronic debilitating illness, such as "sick building syndrome," due to prolonged exposure to mold and poor air quality in their workplace over several years. The symptoms persist and worsen even after they leave the job, requiring ongoing medical treatment.

  This is a continuing injury because the illness did not manifest from one specific incident but developed gradually and progressively over time due to continuous exposure to harmful conditions. The harm to the worker's health is ongoing and persistent, rather than a one-time event.

• Example 3: Property Damage from a Structural Defect

  A homeowner discovers that a newly constructed retaining wall on their property has a fundamental design flaw. Over several rainy seasons, this flaw causes the wall to gradually lean further, leading to progressive soil erosion, cracking in the foundation of their house, and damage to adjacent landscaping.

  This demonstrates a continuing injury because the initial defect leads to damage that is not static but progressively worsens over time. The erosion and structural damage to the house are ongoing consequences of the initial flaw, creating a persistent and escalating problem for the homeowner.