A more thorough explanation:

General: The temporary or permanent inability to use personal property, real property, or a body part due to the negligence or wrongdoings of another, an accident, or some other action.

Property: Loss of use damages occur when conduct results in property being unavailable for use for a limited period of time. For example, if a landlord fails to repair a leaky roof, causing damage to a tenant's apartment, the tenant may be entitled to damages for the loss of use of their apartment. These damages are typically measured by the rental value of a substitute property or chattel.

Example: In FIE, LLC v. New Jax Condo Association, Inc., the plaintiffs were awarded damages for the loss of use of their condominiums due to the condominium association's negligence in maintaining and repairing the roof, which caused water damage and made the units uninhabitable.

Workers Compensation: Loss of use refers to the total or partial inability to use a body part. In New York, workers who suffer permanent partial disability as a result of loss (or loss of use) of a body part are entitled to a schedule loss of use award, which compensates for loss of earning power. The amount of the award is determined by a fixed number of lost weeks' compensation according to the bodily member injured.

Example: If a worker loses an arm, they are entitled to 312 weeks of benefits under Section 15(3)(a) of the New York Workers' Compensation Law.

Industrial Loss of Use: An industrial loss of use refers to the manner in which a functional/medical disability affects a workers' compensation claimant's ability to perform the duties of their employment.

Example: In Howard Industries, Inc. v. Hardaway, the claimant injured their wrists during work-related activities and was unable to sustain full, unrestricted work as a result. The court found the claimant was entitled to benefits under industrial loss of use because their injuries excluded them from a number of jobs for which they were otherwise qualified.