What is a “misplaced reliance” defect in a defective products case?

In a defective products case, a “misplaced reliance” defect refers to a situation in which a person has relied on the representations of a manufacturer or seller, only to find out that those representations were false. This type of defect is a form of negligence on the part of the manufacturer or seller as they did not act in the best interest of the buyer. The buyer may have relied on false or misleading information from the manufacturer or seller in deciding to purchase the product, and this reliance was misplaced due to the false information given. Under Indiana law, in order to prevail in a defective products case based on a “misplaced reliance” defect, the plaintiff must prove the following elements: (1) the manufacturer or seller must have made a false representation to the purchaser; (2) the purchaser must have relied on the false representation; (3) the reliance was not reasonable; and (4) the reliance caused the purchaser to suffer damages. The damages can include property damage or personal injuries caused by the product. It is important for purchasers to research and understand the manufacturer’s or seller’s representations before deciding to purchase a product. Doing so can help protect the purchaser from potential “misplaced reliance” defects in defective products cases. If a person believes they have been the victim of a “misplaced reliance” defect, they should contact an attorney who is experienced and knowledgeable in Indiana defective products laws to discuss their particular situation.

Related FAQs

What are the elements of a products liability claim?
How is causation established in a defective products case?
Is there a statute of repose for defective products claims?
What is a “manufacturing defect” in defective products law?
How can I identify a manufacturer of a defective product?
What is an express warranty in defective products law?
What types of parties can be held liable for a defective product?
What type of documentary evidence is required for a defective products case?
How does a court determine liability for a defective product?
What is a “fraudulent misrepresentation” defect in a defective products case?

What is a “misplaced reliance” defect in a defective products case?

Related FAQs

Related Blog Posts