Georgia Jury Instruction - 1.3 Duty To Mitigate In General Pursuing Medical Care
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FAQ
The duty to mitigate damages is the idea that an injured party must take reasonable action to limit the extent of the harm they suffered due to a defendant. For example, in a car accident, you should pull off to the side of the road if possible to avoid being hit by another vehicle.
When a person is injured by the negligence of another, he must mitigate his damages as far as is practicable by the use of ordinary care and diligence. However, this duty to mitigate does not apply in cases of positive and continuous torts. (Civil Code 1895, § 3802; Civil Code 1910, § 4398; Code 1933, § 105-2014.)
Mitigation of Damages Required; Exception. When a person is injured by the negligence of another, he must mitigate his damages as far as is practicable by the use of ordinary care and diligence.
Duty to mitigate damages is the legal concept that a victim should do everything reasonable that they can to keep their losses from becoming worse. Mitigating damages means taking positive, proactive steps to reduce the total amount of harm that the victim suffers because of the accident.
The duty to mitigate refers to a party's obligation to make reasonable efforts to limit the harm they suffer from another party's actions. Parties have a duty to mitigate in both torts and breaches of contracts.