CT · jury_instructions
Conn. Civ. Jury Instr. 3.4-8
Damages - Duty to Mitigate (or Minimize)
A plaintiff has a duty to make reasonable efforts to mitigate damages. You should consider what
efforts the plaintiff took to minimize the effects of the injury. One who has been injured by the
negligence of another must use reasonable care, such as following doctor’s instructions regarding
the treatment of injuries, to promote recovery and prevent any aggravation or increase of the
injury. The plaintiff is not entitled to be compensated for any injury or aggravation of injury
caused by the failure to minimize damages. Thus, you should reduce the damages awarded to
the plaintiff to the extent you find that the plaintiff made the condition worse by not taking
reasonable care to promote recovery or prevent any aggravation or increase of the injury. It is
the defendant’s burden to prove by a preponderance of the evidence that the plaintiff has failed to
minimize the plaintiff’s damages. If you find that the plaintiff failed to mitigate damages, you
are to deduct only that portion of damages attributable to an aggravation or increase in injury
caused by the failure to mitigate.
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-08-23
- Edition
- 2026-08-23
- Content hash
b645122c53cc195c57d1410f81884154bcbba0f3ee318379f3e5c41798bd74e9
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