Are game developers liable for negligent or intentional misrepresentation of their games?
Yes, game developers can be held liable for negligent or intentional misrepresentation of their games in the State of Texas. Generally, a developer may be liable for negligent misrepresentation if the game had false or inaccurate facts or information. Additionally, the developer must have known or should have known that the false or inaccurate fact or statement was likely to have a significant negative impact on a user of the game. Intentional misrepresentation involves a game developer knowingly making a false or unsubstantiated claim about a game or its contents. This might be done, for example, to attract more buyers. In this case, the developer could be liable for fraud. In either case, an individual or business would need to have suffered direct harm from the misrepresentation in order to be compensated for damages. That may mean the user had to pay for something that was falsely advertised or that the user acquired something that did not provide the benefit the developer had claimed. The law does not protect consumers from losses due to the simple fact that a buyer was unhappy with a game or that the game was not worth the purchase price.
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