Section 18.29 Mitigation

• Library: Tort Law 2016

M. (§18.29) Mitigation

Even if a plaintiff’s claim for damages might otherwise succeed on the merits, a party that has suffered a loss has an obligation to minimize damages through reasonable efforts. Scheck Indus. Corp. v. Tarlton Corp., 435 S.W.3d 705, 729 (Mo. App. E.D. 2014). Losses that could reasonably have been avoided are not recoverable. Any failure to mitigate damages should be raised as an affirmative defense. Hurst v. Kansas City, Mo. Sch. Dist., 437 S.W.3d 327, 337 (Mo. App. W.D. 2014).

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