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

A “fraudulent misrepresentation” defect in a defective products case is a type of negligence that involves intentional misrepresentations or lies made by the seller or manufacturer of the product. This defect can be used as a basis for a product liability claim when a seller or manufacturer knowingly sells or makes false representations about the product’s capabilities or quality. Examples of fraudulent misrepresentation defects in a product liability case include: a seller who lies about the product’s performance; a manufacturer who makes false promises about a product’s effectiveness; or a seller who conceals information about a product’s safety hazards. In Washington, a successful defective products claim based on a fraudulent misrepresentation defect requires that the plaintiff demonstrate the following elements: (1) a false representation was made; (2) the representation was material to the transaction in question; (3) the defendant knew that the statement was false; and (4) the plaintiff was unaware of the false representation when they entered into the transaction. It is important to note that fraudulent misrepresentation defects are generally difficult to prove and require extensive documentation. In Washington, to be successful, a plaintiff must provide clear evidence that the defendant engaged in intentional deception when they made the false representation. Additionally, the plaintiff is typically subject to additional requirements, such as the statute of limitations, which must be followed.

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

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