# duty to mitigate damages

*Last updated: 2026-06-26*

> The duty to mitigate damages obliges an injured party to take all reasonable steps to limit its losses once a damaging event has occurred.

The duty to mitigate damages obliges an injured party to take all reasonable steps to limit its losses once a damaging event has occurred. In freight and logistics, this translates directly into prompt action: securing affected cargo, arranging alternative routing, or commissioning a damage survey without delay. A party that demonstrably fails to act – and in doing so allows losses to grow – may have its compensation reduced proportionally, even where the carrier or freight forwarder is principally at fault. The duty operates under both contractual and statutory liability regimes, including the CMR Convention on international road carriage. Courts assess whether the measures taken were proportionate given the circumstances and the realistic options available at the time of the incident.

**Source:** [https://www.juraforum.de/lexikon/schadensminderungspflicht](https://www.juraforum.de/lexikon/schadensminderungspflicht)

## Quick Facts

| Property | Value |
|---|---|
| Term | duty to mitigate damages |
| Language | EN |
| Word count | 121 |
| Last updated | 2026-06-26 |
| Source | https://www.juraforum.de/lexikon/schadensminderungspflicht |

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