Loss Of Household Services
Damages for loss of household services generally relate to domestic duties. A jury can award damages for loss of household services based upon their knowledge and sense of the value of a spouse’s services. While evidence of the cost of domestic help is admissible, it is not required, nor does it limit the recovery to such cost.
However, there should be proof in the record of the nature of the household services rendered prior to the injuries, and proof that the injuries received have impaired the person’s capacity to perform such household services in the future.
Where there is proof in the record of the nature of household services rendered before the injury and proof that the injuries have impaired a person’s capacity to perform household services in the future, the evidence is sufficient to sustain an award for future loss of household services.
The Texas Civil Practice & Remedies Code mandates that evidence to prove the loss must be presented in the form of a net loss after reduction for income tax payments or unpaid tax liability pursuant to any federal income tax law, and that the court shall instruct the jury as to whether the recovery for loss of household services is subject to federal or state income taxes.
