The Texas Supreme Court has recently ruled that “the owner of personal property that has been totally destroyed may recover loss of use damages in addition to the fair market value of the property immediately before the injury.”
Motor vehicle owners may now recover or be compensated for rental care expenses in the days following a collision while researching locating and test driving a replacement vehicle.
Owners of commercial equipment may now be able to recover lost profits when the commercial equipment is destroyed in situations such as a flood, a fire or a crash.
The court stated that “the owner of the totally destroyed personal property may suffer loss of use damages to the same extent that the owner of partially destroyed personal property may suffer loss of use damages – permitting the damages in [the one and not the other] is therefore illogical.”
The damages sought cannot be “too remote or speculative or for a period longer than reasonably necessary to replace the destroyed property.” J & D Towing, LLC v. Am. Alternative Ins. Corp., 478 S.W.3d 649 (Tex. 2016)
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