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

A fraudulent misrepresentation defense is a legal defense to a product liability claim that is used to protect the manufacturer of a dangerous product from liability. This defense is based on the idea that the manufacturer had provided false and misleading information to the injured party regarding the product. In South Carolina, the law outlines the conditions under which a manufacturer can be subject to a fraudulent misrepresentation defense. In order to be successful with this defense, the manufacturer must prove that the statement or act was material, that they provided the statement or act in good faith, and that it was false and misleading in some way. For example, if a manufacturer sells a product with a label that says it is safe to use, but it turns out the product is dangerous, the manufacturer may be able to use a fraudulent misrepresentation defense to avoid liability for the injury caused by the product. In order to successfully use this defense, they must prove that the statement that the product was safe was material, made in good faith, and was false and misleading. This type of defense may result in a reduced liability for the manufacturer, but the injured party may still have a right to compensation for their damages. Therefore, it is important for injured parties to speak with an experienced South Carolina attorney to determine their rights and legal options for recovering compensation.

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