Nuances in the Law…what is mitigation of damages?

Nuances in the Law…what is mitigation of damages?

Nuances in the Law…what is mitigation of damages?

When confronted with a loss or damages, there is a legal duty on the part of the individual sustaining the loss or damage to “mitigate” the damages.  While our laws seek to fully repair the loss or damages resulting from a legal wrong, the individual suffering the loss or damages has a duty to exercise reasonable diligence and ordinary care to minimize the loss or damage.  In other words, one must undertake those efforts that a reasonable and prudent person would take under the circumstances.  For example, in the context of the recent flood damage, homeowners were legally required to take steps to minimize the damage such as removal of saturated sheetrock, removal of saturated carpet, etc. In the context of injuries to the person, one must submit to reasonable medical treatment.

On the other hand, one need not take extraordinary or  impracticable efforts to minimize the loss or damage.  For example and again in the context of the recent flood damage, a homeowner would not be required to erect a levee around their house merely to try to prevent flooding.  Neither is one required to do that which is monetarily unreasonable. Likewise, in the context of injuries to the person, one is not required to seek medical attention that is unaffordable.  The scope of such a duty to mitigate damages depends on the particular facts of the individual case and the standard anticipates only what a reasonable person would do.

The potential result from a failure to mitigate damages is a reduction in the damages payable to the individual who sustained the loss or damage but failed to take reasonable measures to minimize the loss or damage.  Because this area of the law can be misused and the result so harsh, it is to be applied with extreme caution and only upon proof that the alleged failure to mitigate actually exacerbated or aggravated the loss sustained and that there was no reasonable justification for the alleged failure to do so.

Cle’ Simon

For more than 75 years the Simon family has carried on a family tradition of restoring lives in local communities and throughout the stat of Louisiana. At Simon Law Offices, I have proudly embraced this tradition and strive every day to continue the legacy. Simon Law Offices are Cajun Strong and restoring lives throughout Louisiana, one client at a time.

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