New Mexico Forms Library

Decision Information

Form 13-1820. Mitigation of damages to property.

Collection New Mexico Forms Library
Form Type Jury Instructions
Citations - New Mexico Laws and Court Rules
Rule Set 13 - Uniform Jury Instructions — Civil - cited by 662 documents

Decision Content

13-1820. Mitigation of damages to property.

In fixing the amount of money which will reasonably and fairly compensate the plaintiff, you are to consider that a person who is damaged must exercise ordinary care to minimize existing damages and to prevent further damages. A plaintiff may not recover for losses which could have been prevented by reasonable efforts on the plaintiff’s part.

USE NOTES

This instruction is to be used with the applicable instruction on damage to property and is to be inserted following the first paragraph of UJI 13-1802 NMRA.

This mitigation of damages instruction can apply both to personal property and real property situations.

[As amended, effective November 1, 1991; as amended by Supreme Court Order No. S-1-RCR-2025-00126, effective for all cases pending or filed on or after December 31, 2025.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.