From the first day of Torts in law school, attorneys are taught the maxim that a plaintiff has a duty to mitigate his or her own damages.
Over a century of New York law holds that a plaintiff “who claims to have suffered personal injuries by reason of defendant’s negligence or other tortious conduct is required to use reasonable and proper efforts to make damage as small as practicable, and is not entitled to recover for any damage which by the use of such effort might have been avoided.” Favier by Favier v. Winick, 151 Misc.2d 910, 583 N.Y.S.2d 907 (N.Y. Sup. Ct. 1992); citing Lyons v. Erie Railway Co., 57 N.Y. 489 (1874); Blate v. Third Ave. Railroad Co., 44 App. Div. 163, 60 N.Y.S. 732 (1st Dept. 1899).
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