Avoidable Consequences Rule Law and Legal Definition

Avoidable consequences rule prevents recovery of damages flowing from consequences reasonably avoidable by plaintiff. As per the rule, an individual cannot recover for losses that might have been prevented through reasonable effort by the person, particularly where the conduct causing the loss or injury is not willful, intentional, or perpetuated in bad faith. Although a plaintiff has a right to all damages stemming from the defendants tortious conduct, they also have a duty to take reasonable steps necessary to prevent consequential damages. However, the efforts that the person who has been injured must take to avoid the consequences of the misconduct are required to be reasonable, based upon the circumstances of the particular case, and subject to the rules of common sense and fair dealing.