Mitigation of damages is a required element of tort law, as well as contract law. It means that a plaintiff has an obligation to lessen or reduce their damages if they can. For example, let’s say that a person has his or her arm broken during a fall on a slippery floor in a department store. The person may well have a good case of negligence against the store.
However, if the person refuses to receive medical treatment and the arm worsens, the duty to mitigate may lessen the amount of recovery. Let’s say that a person loses her job as a result of the negligence of another person. The person cannot simply sit at home for more than three months and expect to receive lost wages for that amount of time. The duty to mitigate damages would require the person to seek other employment more quickly.
- Which states still do have contributory negligence?
- Why is comparative fault considered fairer than contributory negligence?
- Who determines the percentages of fault of the parties?
- What are the different forms of comparative negligence?
- What happens if both parties (plaintiff and defendant) are negligent?
- If you fall on a slippery floor in a store, can you sue for negligence?
- Where does the term good Samaritan come from?
- Can a Good Samaritan be held liable if he or she acts negligently even though they are trying to help?
- What if some unexpected event causes damage to a plaintiff after a defendant’s negligent act?
- Can an employer be held negligent if it retains or hires an employee who is dangerous to the public?
- Can a business be liable for injuries caused to its patrons by third parties?
- What was the case of Palsgraf v. Long Island Railroad Company concerning proximate causation?
- What are the two types of causation in tort cases?
- What is res ipsa loquitur?
- What is negligence perse?
- Are children held to the same standard of care as adults?
- What is a reasonable person ?
- What is negligence and what are the elements of a negligence claim?
- What are some defenses to intentional torts?
- Is there a tort that you can use or sue under if someone files false criminal charges against you?
