Mitigating circumstances – Reasonable damages and the plaintiff’s duty
Abstract: Attorneys and their financial experts often focus on quantifying a plaintiff’s economic losses. But it’s equally important to examine measures the plaintiff took, or reasonably could have taken, to mitigate its damages. A plaintiff isn’t entitled to recover damages for a loss that he or she reasonably could have avoided. When an expert evaluates the plaintiff’s opportunities to mitigate damages, the key term is “reasonable.” This article refers to a recent case, Silver Sage Partners, Ltd. v. City of Desert Hot Springs, to explain some issues that arise in determining the reasonableness of a plaintiff’s efforts to mitigate damages. Case citation: Silver Sage Partners, Ltd. v. City of Desert Hot Springs, 251 F.3d 814 (9th Cir. 2001).