185.11. Magnuson-Moss Act-Affirmative Defense-Mitigation of Damages

185.11 Magnuson-Moss Act--Affirmative Defense--Mitigation of Damages In fixing the amount of money which will reasonably and fairly compensate the Plaintiff, you must consider that a person who has been damaged by a breach of warranty must exercise ordinary care to minimize existing damages and to prevent further damage. Damages caused by a failure to exercise such care cannot be recovered. The Defendant has the burden of proof to show the Plaintiff failed to minimize existing damage and prevent further damage. Instruction and Notes approved January 2007.