What is a “fraudulent misrepresentation” defense to a product liability claim?
In Oklahoma, a “fraudulent misrepresentation” defense can be used in a product liability claim to defend against accusations that the product was defective or dangerous. This defense works by showing that any alleged defect or dangerous aspect of the product was caused by false or misleading statements intended to deceive the customer. The elements of a fraudulent misrepresentation claim in Oklahoma depend on the circumstances of the case. Generally, someone claiming fraud must show four components: that the defendant made a false statement of material fact, the statement was intended to deceive, the false statement caused the plaintiff to suffer a harm, and the plaintiff relied upon the false statement and acted in accordance with it. In order for this defense to be successful, the defendant must prove that they did not make any false or misleading statements. For this to be the case, the product’s labels, warnings, instructions, or advertising must not have been intentionally misleading or false. Furthermore, if it is found that the defendant did make a fraudulent misrepresentation about the product, then they must still prove that the consumer suffered some type of harm due to the false statement. Without a clear demonstration of harm, the defense will not succeed. It is also important to note that this defense can also be used against product liability claims alleging negligence or breach of warranty. Overall, a “fraudulent misrepresentation” defense is a powerful tool for those facing product liability claims in Oklahoma. This defense can be used to show that the defect or dangerous aspect of the product was the result of false or misleading statements. If the defendant is successful in proving this, the claim may be dismissed.
Related FAQs
What types of damages can I receive if I win a products liability lawsuit?Can a seller or distributor of a product be held liable for product defects?
Are there limits to the amount of damages that I can receive if I win a product liability lawsuit?
What is a comparative negligence defense?
What is a “statute of repose” defense to a product liability claim?
What is a product liability warning label?
What is a “product alteration” defense to a product liability claim?
What is a “fraudulent misrepresentation” defense to a product liability claim?
What is a negligence defense?
What is a class-action lawsuit?
Related Blog Posts
What Is The Scope of Dangerous Products Law? - July 31, 2023How Can a Lawyer Help Me With a Dangerous Product Lawsuit? - August 7, 2023
What Are the Most Common Dangerous Product Lawsuits? - August 14, 2023
Understanding Product Liability and Negligence in Dangerous Products Law - August 21, 2023
Defending Against Dangerous Products Law Claims - August 28, 2023