FL · jury_instructions
Fla. Std. Jury Instr. (Civ.) 417.12
AFFIRMATIVE DEFENSE — DAMAGES
a. Failure to Mitigate Lost Wages:
[As a defense to (claimant’s) damages claim for lost wages and benefits, (defendant) claims that (claimant) could have reduced [his] [her] damages by making a reasonable effort to [seek] [retain] comparable employment. Comparable employment means alternative employment similar to [his] [her] former job in the nature of the work, responsibilities and skills required. (Claimant) need not accept employment that is unsuitable or demeaning when compared with [his] [her] former job.
If the greater weight of the evidence supports (defendant’s) claim that there was comparable employment available to (claimant) and that [he] [she] failed to make a reasonable effort to [seek] [retain] such employment, then you should reduce any lost wages and benefits you award to [he] [she] by the amount that (claimant) could have earned from the comparable employment.
If, however, the greater weight of the evidence does not support (defendant’s) claim that there was comparable employment available to (claimant) and that [he] [she] failed to make a reasonable effort to [seek] [retain] that employment, then your verdict should be for (claimant) in the total amount of [his] [her] damages for lost wages and benefits.]
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
9e86a3749a631f468336f84ae9c82ff7974674fcb5e1afc5573a33f3c90e6a06
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