Loss of Use Damages

Loss of use damages is a subset of “lost profits” that may be applicable when a plaintiff’s service (asset use) revenues are interrupted by a defendant’s destruction of or damage to the plaintiff’s underlying revenue producing property.

In one such case involving a severed telecommunications-trunk-cable, we:

  • Documented the functional importance of the at-issue cable to several thousand customers for whom service was disrupted by the cable cut,
  • Quantified the magnitude of daily communication traffic interrupted by the cable cut,
  • Identified customers lost to competitors within a few weeks of the cable cut,
  • Quantified the cost of temporary and permanent service restoration,
  • Identified the lease value of similar communication facilities, and
  • Quantified the “loss of use” associated with the cable cut.

Also see - Lost Profits - Punitive Damages - Disgorgement Recoveries

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