What is meant by "mitigation of damages" in a nuisance claim?

In a nuisance claim, "mitigation of damages" refers to the obligation of the injured party, typically the plaintiff, to take reasonable steps to minimize the damages they suffer due to the nuisance. This principle is rooted in tort law and asserts that a victim cannot claim compensation for losses they could have avoided through reasonable efforts.

For example, if a property owner is experiencing noise from a neighbor, they may be expected to take steps such as soundproofing their home or seeking a resolution with the neighbor before claiming the full extent of their losses in court. The idea is that if the plaintiff does not take reasonable action to reduce their damages, the defendant may argue that they should not be liable for the full amount of damages claimed.

This concept encourages proactive behavior, ultimately preventing unnecessary consequences and promoting fairness in legal claims. The other options do not accurately capture this responsibility: damages can indeed be mitigated; compensation methods are separate from mitigation; and accepting damages as they are without effort to minimize them contradicts the principle altogether.