The Explainer: Plaintiff’s Duty to Mitigate Damages

In South Carolina, a party who has suffered injury or damage from the actionable conduct of another is under a duty to make all reasonable efforts to minimize the damages incurred. To the extent that he reasonably could have so minimized those damages and failed to do so, he is not entitled to recover from the other party. In other words, one cannot recover any damages that might have been avoided by the use of reasonable care and diligence. A plaintiff’s failure to mitigate damages allows the defendant to avoid only those damages that reasonably could have been avoided by the plaintiff.

The preceding does not constitute legal advice. Consult counsel in your jurisdiction for advice regarding this subject matter.

About Christian Stegmaier
Senior Shareholder

Christian Stegmaier is a shareholder and chair of the Retail & Hospitality Practice Group at Collins & Lacy in Columbia. He is also active in the firm’s professional liability and appellate practices. Stegmaier welcomes your questions at (803) 255-0454 or