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

A fraudulent misrepresentation defense to a product liability claim is a defense used in Florida Dangerous Products Law to deny liability for an injury caused by a product. The defense states that a manufacturer or seller of the product provided false or misleading information regarding the characteristics of the product that caused the injury. For example, a company may misrepresent the safety of a particular toy and market it as “safe for children,” when in fact, it contains a hazardous material that could cause injury. If an individual is injured due to the hazardous material, the company could be liable for the injury under Florida Dangerous Products Law. However, they could argue a fraudulent misrepresentation defense that they did not misrepresent the characteristics of the product and that they provided correct and complete information. In order for a fraudulent misrepresentation defense to be successful, the manufacturer or seller must demonstrate that the information they provided was true and accurately portrayed the product. If they are unable to do this, they may be found liable for the injury caused by the product. In conclusion, a fraudulent misrepresentation defense is a legal defense used in Florida Dangerous Products Law to deny liability for an injury caused by a product. The defense argues that the manufacturer or seller provided false or misleading information regarding the characteristics of the product that caused the injury. In order for this defense to be successful, the manufacturer or seller must demonstrate that the information was accurate and true.

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