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

A “fraudulent misrepresentation” defense to a product liability claim is a legal defense used by the producer of a defective or dangerous product that alleges that the user was the victim of a fraudulent misrepresentation. In Washington, this is defined as a false representation of fact made by the producer of a product or its agent to the user regarding the safety or quality of the product that was made intentionally and with intent to deceive the user. The producer must have known (or had reason to know) that the representation was false at the time it was made, and the user must have relied on the false representation in deciding to purchase and use the product. If this defense is proven, then the producer may be shielded from claims of product liability if it can be proven the user was aware or should have been aware of the product’s risks or that the user had been warned against using the product. This defense is extremely difficult to prove, but it can be effective in certain cases. For example, if a manufacturer made a false representation stating that a product was safe to use, when in fact it had known defects that could cause harm, then a court may find the fraudulent misrepresentation defense applies. In any case, if a product liability claim is successfully defended on the grounds of fraudulent misrepresentation, this does not absolve the producer of liability; instead, it shifts the focus to the purchaser and any false representations made at the time of purchase.

Related FAQs

What is a failure to warn claim?
What is a warning label defense?
What are the requirements to prove a manufacturer is liable for an injury caused by a defective product?
What are the defenses to a negligence product liability claim?
What is a “failure to inspect” defense to a product liability claim?
What is the Restatement Second of Torts?
How do I file a claim under Dangerous Products Law?
What is the doctrine of strict liability?
What is an “abnormal use” defense to a product liability claim?
What are the defenses to a product liability claim?

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

Related FAQs

Related Blog Posts