Limitations on damages

Question 1

failure to mitigate

Answer 1

places obligation of victim to exercise reasonable care to reduce or mitigate actual damages

Question 2

traditional method of failure to mitigate

Answer 2

considers failure to mitigate to limit damages- jury instructed to exclude sums that π could have been avoided had they exercised reasonable care when finding damages

Question 3

seatbelt defense

Answer 3

Failure to use seatbelt in some cts is admissible to determine whether victim used reasonable care to mitigate damages- (only in some jurisdictions, not in MN)

Question 4

collateral source

Answer 4

forbids reduction of π’s damages due to receipt of benefits from a third party, such as insurance