A party who is injured by the wrongful act of another is required to exercise reasonable efforts to minimize or lessen the injury and will be denied recovery if he fails to do so.   The defendant has the burden of proof to show facts to prove a failure to mitigate.

If you have a case involving a failure to mitigate defense, contact us online or call Scott Lanin, Esq. at (212) 764-7250 Ext.201. We offer a free phone consult to review and evaluate your case or you can schedule an office consult.