Continuing Injury Law and Legal Definition
Continuing injury means an injury that is yet in the procedure of being committed. Continuing injury can be prevented by an order of the court upon a petition for an injunction. The constant smoke or noises of a factory are examples of continuing injury. The accrual date for a claim of damages from a continuing injury is the date of each particular injury.
In Caughell v. Group Health Coop., 124 Wn.2d 217 (Wash. 1994), the court observed that “To state a claim for continuing negligent treatment, a plaintiff must show that the series of interrelated negligent acts caused the injury or damages at issue. The plaintiff need not prove which negligent act caused which injury, provided that plaintiff proves that the continuing negligent treatment was the proximate cause of the injury. With this relatively minor difference in proof, a plaintiff's evidentiary burden remains the same.”
