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

A fraudulent misrepresentation defense to a product liability claim in South Dakota is a legal defense based on the belief that the manufacturer of a product has made false or inaccurate statements about the product. These false or inaccurate statements could be through advertising or by any other means of communication. The manufacturer may have expressed that the product is safe, of a certain level of quality, or that it works in a certain way when in reality, it does not. This is considered misleading and may give the consumer a false sense of security that may result in an injury, illness, or other harm caused by the product. In order for a fraudulent misrepresentation defense to be successful, South Dakota courts would need to determine that the manufacturer knew about the false statements they were making. The claimant would also need to prove that they relied on the false statements when deciding to purchase the product. If successful, the fraudulent misrepresentation defense would free the manufacturer from any liability for the harm that was caused by the product. It is important to note that the fraudulent misrepresentation defense does not apply to all types of product liability claims in South Dakota. This defense may only be used to defend against strict liability or negligence claims. If someone is suing for breach of warranty, then the defense may not be used.

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

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