US-CA5 · jury_instructions
5th Cir. Pattern Jury Instr. (Civil) 15.4
Property Damage
Plaintiff [name] claims damages for the [loss of]
[loss of value to] [his/her] personal property. If you find
that Plaintiff [name] suffered a total loss of [his/her]
personal property, Plaintiff [name] is entitled to recover
the fair market value of the property at the time of the
incident forming the basis of this lawsuit. If you find
that Plaintiff [name] suffered less than a total loss of
that property, then the measure of that damage is the
difference between the fair market value of the property immediately before [the incident forming the basis
of the law suit] and the fair market value immediately
after [the incident forming the basis of this lawsuit].
(If market value is not applicable):
You may award as damages an amount equal to
the cost of restoring the property to its condition before
[the incident forming the basis of this lawsuit].
[You also may take into consideration any loss
Plaintiff [name] sustained by being deprived of the use
of the property during the time required for its [repair/
replacement].]
Provenance
- Source
- lb5.uscourts.gov
- Retrieved
- 2026-09-03
- Edition
- 2026-09-03
- Content hash
6e6be6a0130890a6bd604144a3d1a743b9f7c395a18d24107519f84ec18f58b9
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