North Carolina Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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How to fill out Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care?
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FAQ
Contributory negligence occurs either before or at the time of the wrongful act or omission of the defendant. On the other hand, the avoidable consequences generally arise after the wrongful act of the defendant.
We will explore this topic in more detail below, but in general, your duty to mitigate damages is to act reasonably to avoid or reduce the consequences of the accident. This is known in North Carolina as the Doctrine of Avoidable Consequences.
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.
The rule in North Carolina is that an injured person is obligated by law to exercise reasonable care and diligence to avoid or lessen the consequences of the at-fault party's wrongdoing.
Ingly, the duty to mitigate requires a harmed person to minimize the harm suffered. Failure to minimize the harm may, and likely will, reduce the sum that the wrongdoer will owe the harmed person in a determination of liability at a court Trial.
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.