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Failure to Mitigate

Source: The Verdict, Issue 153 / Summer 2017
Author: Brenda Osmond & Bob Kucheran
The Verdict, Issue 153 / Summer 2017

In tort actions a plaintiff who has suffered a loss due to negligence has a “duty to mitigate” the loss; the plaintiff cannot recover from the defendant damages which he could have avoided by taking reasonable steps.

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