What is a “fraudulent misrepresentation” defect in a defective products case?

A "fraudulent misrepresentation" defect in a defective products case is when the manufacturer or seller of the product has lied or been misleading in making a promise about the product. This can be in the form of false advertising, or the product not being suitable for its intended purpose. For example, in Arkansas, if a manufacturer had told a customer that a specific widget was suitable for a certain purpose, when in reality, it was not, then this could be seen as a fraudulent misrepresentation. The customer could then have a claim that the manufacturer had willfully misrepresented the product and could be liable for the damages caused by that misstatement. In a defective products case, it is important that the consumer is able to prove that the misrepresentation was fraudulent – that the manufacturer had a clear intention to mislead the customer. This means that evidence must be shown that the manufacturer had knowledge that the product was not suitable for the purpose they claimed it to be. The burden of proof is on the consumer in these cases, as the courts require solid evidence that the misrepresentation was indeed fraudulent. Therefore, if a consumer believes they may have a case due to fraudulent misrepresentation, it is important that they seek advice from a qualified attorney who can help them gather the necessary evidence to prove their case.

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What is a “fraudulent misrepresentation” defect in a defective products case?

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