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Nevada Law Library

Mitigation Of Damages (A Defense)

In Nevada, a plaintiff must take reasonable steps mitigate damages, which means to minimize the effects and loss related to his or her injuries/damages.  Dillard's Dep’t Stores, Inc. v. Beckwith, 989 P.2d 882, (Nev. 1999); NRS 118.175; James Hardie Gypsum (Nevada), Inc. v. Inquipco, 112 Nev. 1397, 929 P.2d 903 (1996) (“As a general rule, a party cannot recover damages for loss that he could have avoided by reasonable efforts.” Conner v. S. Nevada Paving, Inc., 103 Nev. 353, 355, 741 P.2d 800, 801 (1987) (citation omitted). “[T]he rule den[ies] recovery for losses which could have been prevented by the . . . expenditures of plaintiff. . . .” Valencia v. Shell Oil Co., 147 P.2d 558, 561 (Cal. 1944). In order to recover loss of use damages, the plaintiff must “show diligence in getting the car repaired as early as reasonably possible.” Rownstein v. Bernhard & Turner Auto. Co., 180 N.W. 282, 284 (Iowa 1920). “[T]he trial court’s role, as trier of fact, is to determine the reasonable period of repair.” Airborn, Inc. v. Denver Air Ctr., Inc., 832 P.2d 1086, 1091 (Colo. Ct. App. 1992)).