Mitigation of damages required; exception
of Code section. — The language of this Code section is derived in part from the decisions in Athens Mfg
When a person is injured by the negligence of another, he must mitigate his damages as far as is practicable by the use of ordinary care and diligence. However, this duty to mitigate does not apply in cases of positive and continuous torts. (Civil Code 1895, § 3802; Civil Code
1910, § 4398; Code 1933, § 105-2014.)
Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.