What is a “fraudulent misrepresentation” defense to a product liability claim?

A fraudulent misrepresentation defense is a legal defense applied in cases of product liability. The defense is used by defendants to protect themselves from liability if a plaintiff successfully files a claim that the product was dangerous due to some sort of misrepresentation. In California, a defendant must prove the following for a fraudulent misrepresentation defense to apply: (1) the defendant made a representation about the product; (2) that representation was false; (3) the defendant knew the representation was false; (4) the defendant intended to deceive the plaintiff; (5) the plaintiff relied on the representation; (6) the plaintiff suffered damages as a result of their reliance; and (7) the reliance resulted in damages. In order to be successful, the defendant must prove all of the above seven elements. For example, if a defendant sold a product to a consumer and the consumer believed it to be safe based on the description given by the defendant, but it turned out to be dangerous, the defendant might be liable for damages. Therefore, the defendant would need to prove all seven elements outlined above in order to successfully use the fraudulent misrepresentation defense. In California, a claim of fraudulent misrepresentation can be a valid defense to liability in product liability cases. It is important for defendants to understand the elements of the defense and be aware of the varying laws in each state in order to successfully defend against a product liability claim.

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What is a “fraudulent misrepresentation” defense to a product liability claim?

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