Legal Definitions - continuing wrong

A continuing wrong refers to a harmful act or omission that is not a single, isolated incident but rather an ongoing state, a series of repeated actions, or a persistent failure to act that extends over a period of time. Unlike a one-time event, a continuing wrong persists, causing harm that accumulates or recurs. This concept is particularly relevant in legal contexts for determining when a statute of limitations begins to run, as the "wrong" is considered to be happening anew each day it continues.

Here are some examples to illustrate this concept:

• Environmental Pollution: Imagine a manufacturing plant that, for several years, continuously discharges a small but harmful amount of chemical waste into a local stream. This discharge gradually contaminates the water, affecting wildlife and nearby communities.

  This is a continuing wrong because the plant's harmful act (discharging pollutants) is not a single, isolated event. Instead, it is an ongoing, daily occurrence that persists over an extended period. The harm to the environment and the community accumulates with each passing day the discharge continues, rather than stemming from one specific moment in time.

• Persistent Nuisance: Consider a neighbor who operates a loud, industrial-grade generator in their backyard 24 hours a day, seven days a week, for many months. The constant noise significantly disrupts the peace and quiet of the adjacent properties, preventing neighbors from enjoying their homes.

  The noise disturbance constitutes a continuing wrong because it is not a momentary or occasional annoyance. It is an ongoing, persistent intrusion that affects the neighbors' quality of life every day the generator operates. The "wrong" continues as long as the excessive noise persists, creating a prolonged period of disturbance.

• Ongoing Employment Discrimination: Suppose an employee consistently receives lower annual raises and is repeatedly denied opportunities for promotion over a five-year period, despite having superior qualifications and performance reviews compared to colleagues in similar roles. The employee believes this pattern of treatment is due to their age.

  This situation illustrates a continuing wrong because the discrimination is not a single, isolated act (like a one-time wrongful termination). Instead, it is an ongoing pattern of unequal treatment in compensation and career advancement that persists over several years. Each instance of a lower raise or a denied promotion contributes to the ongoing harm, making the discriminatory practice a continuous wrong.