Wisconsin Jury Instruction - 1.1 Duty To Mitigate In General
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FAQ
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.
For example, if a tenant abandons their lease, a landlord has duty to mitigate damages caused by the breaching tenant. In this case, the mitigation of damages doctrine imposes a duty on the landlord to try to find a new tenant and re-rent their property.
The burden of proof as to each question in the verdict is on the plaintiff to convince you to a reasonable certainty by evidence that is clear, satisfactory, and convincing that the question should be answered "yes. "
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.
General Verdict. The burden, called the burden of proof, is on the plaintiff to satisfy you by the greater weight of the credible evidence, to a reasonable certainty, that you should find for the plaintiff. If you are not so satisfied, you must find for the defendant.
Simply put, mitigating your damages means you can't sit back and watch further losses occur to your personal property after the initial loss has occurred. It is your duty to take reasonable protective measures to prevent further harm or loss.
Mitigation is when a landlord lessens the amount of money that a tenant owes (mitigation technically means "reducing the severity"), by taking normal/reasonable steps to allow another prospective tenant to rent the property under similar lease terms.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
Failure to mitigate damages is an affirmative defense in a personal injury case. This means the defendant admits (or affirms) they were negligent, but points out that the fact the plaintiff failed to take steps to prevent or minimize injury should be considered.
The Civil, Criminal, and Children's Jury Instructions Committees are standing committees of the Wisconsin Judicial Conference. These committees prepare model jury instructions for Wisconsin circuit court judges. Current committee members are listed on the Wisconsin Judicial Conference committee list.