What does “failure to mitigate damages” mean under Nevada law?

Under Nevada law, "failure to mitigate damages" refers to the plaintiff’s obligation to take reasonable steps to lessen their damages after an injury or loss has occurred. This legal principle dictates that a party who has suffered harm cannot simply allow damages to accumulate without attempting to reduce them.

For example, if a person is injured in an accident and incurs medical expenses, they are expected to seek necessary medical treatment and follow prescribed rehabilitation protocols. If they neglect to do so and their condition worsens unnecessarily, their recoverable damages may be reduced because they failed to act reasonably to mitigate those damages. Essentially, the law encourages individuals to be proactive in minimizing their losses, promoting fairness in the judicial process and preventing unnecessary financial burdens on the defendant.

The other choices reflect incorrect interpretations of the concept. For instance, the idea of complete freedom from liability or the automatic assumption of negligence does not align with the fundamental principle of mitigation, which focuses on the actions of the plaintiff rather than absolving them of responsibility. Additionally, a defendant’s obligation to cover all costs is unrelated to the plaintiff’s duty to mitigate damages, as the focus is primarily on the plaintiff’s conduct following the incident.