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

A “fraudulent misrepresentation” defense to a product liability claim is a claim that the plaintiff was misled about the product, either by the manufacturer or a seller. This defense is available under New York law, which states that a claimant must demonstrate that the product was “unreasonably dangerous due to the existence of a material misrepresentation of fact about the product that was either made by the manufacturer of the product or by a seller of the product.” This defense can be a complete defense to a product liability claim, meaning that the defendant may not be held liable for a product liability claim if the defense is successful. In the context of a product liability claim, a fraudulent misrepresentation can include a false description of the product, including false statements about the nature of the product or its performance. In particular, a plaintiff would need to demonstrate that a seller or the manufacturer misrepresented the product, that the misrepresentation was material to the sale or manufacture of the product, and that the plaintiff was unaware of the misrepresentation at the time of purchase or use. The plaintiff must also show that the manufacturer or seller made the misrepresentation intentionally or with gross negligence and that the misrepresentation was directly responsible for harm suffered. If a product liability claim is based off of a fraudulent misrepresentation, the defendant can use this defense to argue that they are not liable for the plaintiff’s damages. By successfully using this defense, the defendant may be relieved of liability, depending on the facts and evidence of the case. Therefore, it is important to understand what a fraudulent misrepresentation defense to a product liability claim is and how it is used in New York law.

Related FAQs

Who can be held liable for a product defect?
What is a design defect?
What is the Restatement Third of Torts?
When can I file a claim under Dangerous Products Law?
What is a “comparative negligence” defense to a product liability claim?
What are the different types of product liability claims?
What is a “risk-utility” defense to a product liability claim?
Who can I hold liable if I am injured by a defective product?
What is a “statute of limitations” defense to a product liability claim?
What are the different types of product liability claims?

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

Related FAQs

Related Blog Posts