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Establishing Cause of Action for Negligent Misrepresentation

A claim for negligent misrepresentation may occur when defendant in the course of a business transaction in which he or she has a pecuniary interest provides false information for the guidance of another, which causes the party to justifiably rely upon the information. The person who gives the false information may be held liable if the individual failed to exercise reasonable care in obtaining or communicating the information. Thus, even if a defendant provides false information to a plaintiff without knowing the information is false, he or she may still be held liable for negligent misrepresentation when the plaintiff is able to establish a claim for negligent misrepresentation.

To state a claim for negligent misrepresentation a West Palm Beach negligent misrepresentation lawyer will prove that:

  • The defendant made a misrepresentation of material fact that he or she believed to be true but which was in fact false;

    The defendant was negligent in making the statement because he or she should have known the representation was false;

The defendant intended to induce the plaintiff to rely on the misrepresentation; and

The injury resulted to the plaintiff acting in justifiable reliance upon the
defendant's misrepresentation.

Additionally, a claim for negligent misrepresentation generally cannot be predicated on opinions. Rather, for a misrepresentation or omission to be actionable, it must be based on fact and not just opinion or a mere legal view.

A cause of action for negligent misrepresentation can be a complex, expensive, and an emotionally charged action. Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach negligent misrepresentation lawyer. If you believe you have a legitimate claim for negligent misrepresentation call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.




 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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