Code of Colorado Regulations
400 - Department of Natural Resources
406 - Colorado Parks and Wildlife (406 Series, Wildlife)
2 CCR 406-17 - CHAPTER W-17 - DAMAGE CAUSED BY WILDLIFE
Article I - GENERAL PROVISIONS
Section 1710 - DUTY TO MITIGATE DAMAGE
Universal Citation: 400 CO Code Regs 1710
Current through Register Vol. 47, No. 17, September 10, 2024
The doctrine of avoidable consequences applies to wildlife damage claims, and claimants have a duty to mitigate damages. A claim shall be denied or limited, as is appropriate under the doctrine, where the claimant fails to exercise reasonable care and diligence to avoid the loss or to minimize or lessen resulting damage. The burden of proving a failure to mitigate damages shall be on the Division.
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