Property damages litigation may occur after a plaintiff notices that their property – personal or professional, including intellectual – has been damaged due to a lack of reasonable care or willful disregard by the defendant. The usual compensation for property damages is monetary, although sometimes reparations come in the form of a replacement product or no-cost repair of the plaintiff’s item. In order to sue and win a property damage case, there must be a plausible chance that the damage was foreseeable. If a reasonable person might come to the conclusion that the defendant’s actions could result in damage, then the damages are generally foreseeable. This goes along with the duty of a person using someone’s property – there is an unwritten expectation of reasonable care. When a person borrows an item or performs a service in a private home, the owner of the property should be able to find the return of their item in as good a condition as when it was lent out or before the service was performed.
Property Damages Litigation
The Valuation of Property Damage
The value of what has been damaged is calculated against factors such as the potential to repair an item, versus the item being irreparable or totally destroyed. If an item can be repaired at a reasonable cost, then the compensation will cover the cost of its repair. Any consequential damages such as lost time, wages, or a new problem arising from the non-working item may also be taken into consideration.
Types of Property Damages Awarded
- Compensatory Damages
- Consequential Damages
- Incidental Damages
- Punitive Damages