Q: can the failure of mitigating an unsafe condition after injury and notice be used to show lack duty to care by defendant
Person injured as invitee in commercial establishment by hazard. Notice given of hazardous condition immediately. Defendant does NOT mitigate the condition. Can lack of failure to fix issue be used to show that defendant has a propensity for not providing due care to its customers.
A: Your question related to personal injuries suffered by an individual is a very good one. The law on mitigation and subsequent remedial measures is a complicated body of jurisprudence. You should consider retaining an attorney to consider the facts of your specific situation. Best of luck to you and I hope you heal well.
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