WPI 30.14 Measure of Damages—Damage to Personal Property—Difference in Value Before and After D...

Insert this phrase as an element of economic damage in the appropriate damage instruction (WPI 30.01.01, WPI 30.02.01, or WPI 30.03.01) when the evidence justifies its use.

This instruction is appropriate only if the property, though destroyed or damaged beyond repair, is still in existence and has or may have salvage value. If the property is not in existence or if it lacks salvage value, WPI 30.15 (Measure of Damages—Damage to Personal Property—Value Before Damage—No Salvage) is appropriate.

If the claim is for a building or personal property that was completely destroyed and has no salvage value, do not use this instruction. Instead, use WPI 30.15 (Measure of Damages—Damage to Personal Property—Value Before Damage—No Salvage).

RCW 4.56.250(1)(a).

The statute defines economic damages as including both “loss of use of property” and “cost of replacement and repair.” Other traditional methods for measuring property damage may also be considered as “economic damages.” See the Comment accompanying WPI 30.01.02 (Economic Damages—Definition).

See Kane v. Nakamoto, 113 Wash. 476, 194 P. 381 (1920) (using, as the measure of damages, the difference in market value of automobile before and after collision).

For related discussion, see the Note on Use and Comment to WPI 30.10 (Measure of Damages—Damage to Personal Property—Repairs and Depreciation or Difference in Value Before and After Damage).