What is the meaning of failure to mitigate?

What is the meaning of failure to mitigate?

The Plaintiff could, by the exercise of due diligence, have reduced the amount of any alleged injury, loss, damage or expense, and the Defendants say that the Plaintiff failed to mitigate her damages.

When is a plaintiff not required to mitigate a loss?

However, the plaintiff is not required to take extraordinary steps or all possible steps to mitigate the loss. In contract and tort actions, failing to mitigate signifies that a party has not taken the necessary actions to prevent additional damage to its property.

When does a defendant have a duty to mitigate?

Not only must the defendant discharge the onus of showing that the plaintiff could have mitigated his loss if he had reacted reasonably, but he must also show how and to what extent that loss could have been minimized. 7 …the obligation of a plaintiff is to act prudently and take the reasonable steps to not create additional damages.

What was the award for failure to mitigate?

Ahn) the Plaintiff was injured in a 2009 collision and was awarded $50,000 at trial. In reaching the award the trial judge noted that the plaintiff was a ‘crumbling skull’ and further that she failed to mitigate her damages and reduced the damage assessment by some unspecified amount.

What does the law say about failure to mitigate?

The law imposes upon plaintiffs the duty to mitigate their losses. This includes taking reasonable steps to minimize any loss relating to injuries, so as to prevent plaintiffs from recovering for harm and loss caused by their own neglect. In Graham v.

Which is an example of failure to mitigate damages?

An example of a Nevada court case involving failure to mitigate damages is the case of Dillard Department Stores v Beckwith, 1999. The plaintiff was a manager at Dillard. She hurt her back at work. She filed for workers’ compensation and received it.

What are the requirements for duty to mitigate?

Duty to Mitigate 1 Requirements to Mitigate. The general rule is that a plaintiff bears no obligation to mitigate, however, damages can be reduced if the plaintiff failed to take reasonable steps to mitigate 2 Mitigation in Property Damage Claims. 3 The Claims Adjuster’s Duty to Mitigate.

When does a plaintiff bear no obligation to mitigate?

The general rule is that a plaintiff bears no obligation to mitigate, however, damages can be reduced if the plaintiff failed to take reasonable steps to mitigate his losses. 4 For instance, the duty for mitigation may not apply when the injured party does not have the financial resources to reduce the damages.