Section 2 Loss of Use

• Library: Damages 2012

In addition to being entitled to damages as measured by the “diminution in value” or “cost of repairs” tests, the owner of damaged personal property may be entitled to damages for the loss of the use
of the property while it remains unrepaired. Stallman v. Hill, 510 S.W.2d 796 (Mo. App. W.D. 1974). Loss-of-use damages are limited to the period of time reasonably required for repair, id., which is the time required by the exercise of proper diligence to secure repair. Crank v. Firestone Tire & Rubber Co., 692 S.W.2d 397 (Mo. App. W.D. 1985); Winter v. Elder, 492 S.W.2d 146 (Mo. App. W.D. 1973). The claimant has the burden of proof with respect to the issue of reasonableness of time. Stallman, 510 S.W.2d at 798. See generally §§1.41–1.57 of this deskbook.

Loss-of-use damages are generally measured by the fair market...