Loss Of Use

What is the name of your state? Georgia

Can anyone tell me what on earth "loss of use" refers to. I know it comes in with motor vehicle accidents and leased property. But what about damage to real property? Can a plaintiff claim loss of use in addition to diminution in value? Generally that is? and how is it calculated. THANKS!

[I AM ALWAYS LIABLE]

Originally posted by HelpPlease123
What is the name of your state? Georgia

Can anyone tell me what on earth "loss of use" refers to. I know it comes in with motor vehicle accidents and leased property. But what about damage to real property? Can a plaintiff claim loss of use in addition to diminution in value? Generally that is? and how is it calculated. THANKS!

My response:

Sure. No problem.

Let's use this as an example - -

Your next door neighbor owns 30 acres of land and grows corn during 3 months each year. His land is worth $2,000.00, and makes $500.00 for each season of corn growing.

Now, you come along and, during the night, you "pepper" his land with 100 landmines, hoping that he'll step on one, blowing him up along with his corn.

But, he finds out about your plot, and reports your trespass to the District Attorney's office.

You're prosecuted.

However, in the meantime, you forgot where all of the landmines were placed (or, you just refused to say). As a result of not being able to locate all of the landmines, your neighbor is still unable to use his land, or grow his corn.

Worse yet, he was planning to sell his land, but cannot because no one wants to buy his land with landmines still lurking somewhere, thus, making his land worthless.

So, now you're sued in court for the value of his land (and, he was able to prove he had a buyer and the buyer would have paid $5,000.00). Also, since he wasn't able to "use" his land for two seasons of corn growing, he's also suffered damages of $1,000.00 for his "loss of use" of his land.

So, now, because of your actions, you're on the hook for Civil damages totaling $6,000.00.

Any questions?

IAAL

way to make it clear....
Nice ananlogy IAAL

THANKS!!! for the explanation. Makes sense. I did some followup case research which helped me as well. And no worries about the advice thing.. I'm a lawyer - just a first/second year peon associate who was ordered by the partner in charge to find out if in this case the plaintiff is entitled to loss of use and of course... we're in georgia where they don't always like to make things clear - best advice i could've taken was to not go to law school... but too late now. . thanks again.

[HomeGuru]

That's funny.

I'm glad I don't live in Georgia..... lol however, I must take up research on Georgia now. I had always thought Mississippi was the state time forgot......