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Warren's Negligence in the New York Courts
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

6-239 Warren's Negligence in the New York Courts 239.syn


Mitigation of Damages


Robert Conason;Richard Godosky;Rhonda E. Kay;Henry G. Miller;James C. Moore;Brian J. Shoot

Chapter Summary


This chapter from Warren's Negligence in the New York Courts examines an injured party's duty to make reasonable efforts to minimize damage. The chapter addresses a defendant's failure to use a seat belt or helmet, as well as failure to follow physician's directions. It also considers lost earnings and impairment of earning ability. Further, the chapter examines comparative fault statutes for their impact.

Warren's Negligence (Matthew Bender) is New York's premier treatise on New York negligence law. It includes an accurate, up-to-date analysis of recent and seminal decisions in eight broad topics and nearly 400 fact patterns to help the attorney find the most helpful cases. Key topical areas include: essential principles of negligence law; particular defenses to negligence actions; various types of parties negligent; various types of persons injured; places where negligence occurs; particular instrumentalities of negligence; particular types of negligence actions; and damages.


New York,damages,mitigation of damages,avoidable consequence,seat belt, helmet, compensatory damages,lost earnings,income tax,negligence,malpractice,comparative fault


For a discussion of damages in general, see Chapter 233.

For more information on the aggravation of damages, see Chapter 238.

For a general discussion of appealing a damage award, see Chapter 250, Appeal of Damage Awards.


See Damages in Tort Actions (Matthew Bender) for in-depth legal and policy analyses of compensatory and punitive damages in personal injury, wrongful death, and property damage cases.

See Weinstein, Korn & Miller, New York Civil Practice: CPLR (Matthew Bender) for in-depth analysis of each section of the CPLR, which is the procedural body of law in New York, applicable to all negligence actions filed in New York courts.

See LexisNexis AnswerGuide New York Negligence (Matthew Bender) for expert advice on both procedural and substantive questions of negligence law.

See New York Practice Guide: Negligence (Matthew Bender) for expert analysis of New York negligence case and statutory law, accompanied by practice materials such as forms, checklists, time-tables, strategy and practice tips, and a research guide.
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