Duty to mitigate damage
The damage (s) obligation to reduce (or more precisely to reduce the damage incumbent standardized ) refers in tort law the duty of the injured, the damage to prevent or mitigate or make the injuring of the risk of unusually high damage attentive.
Even if an injured party can, in principle, demand compensation from the injured party for the losses suffered in his legal interests or assets, he nevertheless has the "duty to himself" (so-called obligation ) to keep the damage and the consequences of damage low.
The obligation to minimize damage is an “obligation towards oneself” because, conversely , the injuring party has no right to demand that the injured party keep the damage low. The injured party can behave as he pleases. In the event of a breach of the duty to minimize damage, however, his compensation claim may be reduced.
Germany
In German law, the duty to minimize damage is anchored in Section 254 of the German Civil Code (BGB), which applies at least accordingly to all claims for compensation - including public law. It follows that the extent of the compensation to be paid depends in particular on the extent to which the damage was mainly caused by one or the other part, which also applies if the fault of the injured party is limited to the fact that he has failed to do so Avoiding or reducing damage.
Austria
In Austria , the obligation to minimize damage is not expressly regulated by law, but recognized by teaching and jurisprudence. The obligation to mitigate damage is not a legal obligation in Austria, as it cannot be sued separately (hence no "obligation to mitigate damage").
The Austrian legal doctrine has worked out, partly with reference to the German legal doctrine on § 254 Paragraph 2 BGB, that the injured party violates his obligation to minimize damage if he fails to take measures that a decent and sensible person would take to avert damage. This can, for example, lead to the damage being shared through the contributory negligence of the damaged party within the meaning of Section 1304 ABGB .
In the event of failure to mitigate the damage, the injured party must not only allow his own behavior but also that of assistants to be accounted for.
Liechtenstein
The loss mitigation obligation in Liechtenstein , the 1812, the Civil Code and 1912 Civil Procedure ( FL-ZPO ) from Austria largely rezipiert has governed largely the same as in Austria.
example
A can ask B to replace a broken pane. After the damage, he does not repair the windshield for weeks if the weather is fine. When a storm approaches, he calls the glazier emergency service. In the meantime it is raining on the floor. The emergency service costs € 200 instead of € 100. The repair of the parquet damage costs 500 €.
A is posed as if he had behaved “sensibly”. He is reimbursed the normal Glaser price from B and bears the additional costs and the repair of the parquet himself.
