Tex. Civ. Practice & Remedies Code Section 147.123
Mitigation of Damages

(a)

In an action to which Chapter 33 (Proportionate Responsibility) applies, the court shall instruct the finder of fact regarding the determination of responsibility pursuant to Section 33.003 (Determination of Percentage of Responsibility) using the appropriate approved pattern jury charge which may be modified by the court as appropriate to the circumstances.

(b)

In all actions not governed by Subsection (a), the court shall instruct the finder of fact regarding a claimant’s duty to mitigate or avoid damages in a manner appropriate to the action using the appropriate approved pattern jury charge which may be modified by the court as appropriate to the circumstances.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.

Source: Section 147.123 — Mitigation of Damages, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­147.­htm#147.­123 (accessed May 26, 2025).

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May 26, 2025

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