Wis JI-Civil 1804

When property, such as (type), has been damaged and can be repaired, the loss to the

owner is determined by one of two measures of damage. The first measure is the "Fair

Market Value" rule. This rule measures the difference between the fair market value of the

property immediately before the and its fair market value immediately after the.

"Fair market value" is the amount property will sell for where the owner is willing but not

required to sell the property to a buyer willing but not required to buy the property.

The second measure of damage is the "Cost of Repair" rule. If the property can be

restored to its condition before the, compensation to the owner is measured by the

reasonable cost of the repairs necessary to restore the property to its prior condition. The

measure under this second rule is the reasonable cost to restore the property to its former

condition, not what may have been the actual cost of repair. [Note: In a case involving loss

of value following repairs, give the following: If repairs (will) (did) not restore the

(property) to its pre-injury value and (plaintiff) proves that (he) (she) (will be) (has been)

harmed by a loss in value, then (plaintiff) is entitled to damages for this loss in value and you

should add the loss in value to the cost of repairs in determining the total loss to (plaintiff).

[The total damages cannot exceed the pre-injury fair market value of the (property.)]]

If the evidence allows you to apply both of these rules, and if in applying them you

arrive at two different figures, your answer to question should be the lower of the two

figures.

[If the (property) had no market value at the time of the, you should apply the

cost of repair rule. Your answer to question should be the reasonable cost of the repairs

necessary to restore the property to its condition just prior to the .]