What is the difference between consumer fraud and product liability?

Consumer fraud and product liability are two distinct concepts, but both apply to the laws that govern the purchase and sale of products in New York. The primary difference between the two lies in who is responsible for the unlawful behavior. Consumer fraud concerns deceptive practices used by sellers to induce consumers into purchases, such as false advertising or misrepresentations of a product’s quality. This type of fraud typically requires proof of a seller’s intent to deceive the buyer in order to file a successful claim. Consumers must show that the seller knowingly misled them and that the deception resulted in a financial loss. On the other hand, product liability refers to manufacturers being held responsible for an injury caused by a defective product. This liability exists regardless of whether the maker of the product intended to deceive or cause harm to the consumer. This means that a manufacturer can be held liable for injuries caused by a product’s defective design, even if the seller did not know the product was defective. The seller can also be found liable if it failed to inform the buyer of a known defect prior to the sale. In summary, consumer fraud refers to deceptive practices used by sellers to influence a consumer’s decision to purchase a product, while product liability refers to manufacturers being held responsible for injuries caused by defective products. While the two types of law are related, they are distinctly different and serve separate functions in protecting the rights of consumers in New York.

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What is the difference between consumer fraud and product liability?

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