Legal Definitions - continuous injury

A continuous injury refers to harm or damage that unfolds or persists over an extended period, rather than occurring as a single, isolated incident. This type of injury often involves an ongoing process, a series of repeated actions, or a prolonged exposure that collectively causes cumulative harm.

Here are some examples illustrating the concept of a continuous injury:

• Environmental Contamination: Imagine a chemical storage facility that has a slow, undetected leak in one of its underground tanks. For several years, this leak gradually seeps toxic substances into the surrounding soil and groundwater, slowly contaminating nearby residential wells and harming local wildlife. The injury to the environment and the affected residents is continuous because the contamination process occurs persistently over an extended duration, rather than being a one-time event like a sudden chemical spill.

• Workplace Exposure: Consider an employee who works in a manufacturing plant where, over a period of many months, they are regularly exposed to low levels of a hazardous dust due to inadequate ventilation. This prolonged exposure gradually leads to the development of a chronic respiratory illness. The injury (the respiratory illness) is continuous because it results from repeated and ongoing exposure to the harmful conditions over time, rather than from a single, acute incident.

• Property Damage from Nuisance: Suppose a neighbor installs a powerful outdoor light that shines directly into your bedroom window every night for several years, significantly disrupting your sleep and enjoyment of your home. The interference with your property rights and well-being constitutes a continuous injury because the nuisance and its adverse effects are ongoing and repeated daily, rather than being a one-time disturbance.