Understanding a Defendant’s Duty to Mitigate Damages
In a civil lawsuit, the plaintiff seeks to recover damages from the defendant for harm caused by the defendant’s actions. However, to recover those damages, the plaintiff has a duty to mitigate them, which means taking reasonable steps to reduce the harm caused by the defendant’s actions. This principle is known as the duty to mitigate damages and is an important aspect of civil law.
Duty to Mitigate Damages
The duty to mitigate damages requires the plaintiff to take reasonable steps to minimize the loss or harm caused by the defendant’s actions. For example, suppose a plaintiff’s car is damaged by the defendant’s negligence. In that case, the plaintiff has a duty to take reasonable steps to mitigate those damages, such as getting the car repaired as soon as possible to prevent further damage. If the plaintiff fails to do so, the defendant may argue that the plaintiff is responsible for any additional damages that could have been avoided.
The duty to mitigate damages requires the plaintiff to take reasonable steps to minimize the loss or harm caused by the defendant’s actions.
