Schadebeperkingsplicht
Duty to mitigate damage
The victim's duty to take reasonable measures to keep their damage as limited as possible, even though another is liable for causing it.
Duty to mitigate damage
The duty to mitigate means that an injured party — even where another is fully liable for causing the damage — must make reasonable efforts to limit its extent or prevent it from increasing further. The legal basis is Article 6:101 BW (contributory negligence) and is also derived from the general standard of reasonableness and fairness (Article 6:2 BW). Damage the victim has unnecessarily allowed to increase through negligence is in principle not recoverable.
Main features
Practical consequences
If a court or insurer finds that the victim breached the duty to mitigate, the compensation can be reduced in proportion to the extent the damage was enlarged by the victim's own negligence (Article 6:101 BW). It is wise to document all steps taken so it can be shown the duty was met.
“Because the victim refused the recommended rehabilitation therapy after his workplace accident, the court reduced the compensation by 20% for breach of the duty to mitigate.”
Source: AI
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