A claim for negligent misrepresentation may occur when a person who, in the course of a business, profession, or employment, or in any other transaction in which he or she has a pecuniary interest, provides false information to another, which causes another 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, and it resulted in a pecuniary loss to another. The defendant's liability is limited to loss suffered:
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By the person or one of a limited group of persons for whose benefit and guidance the defendant intends to supply the information or knows that the recipient intends to supply it; and
Through reliance upon it in a transaction that the defendant intends the information to influence or knows that the recipient so intends or in a substantially similar transaction.
However, the liability of a defendant under a public duty to give proper information extends to the loss suffered by any of the class of persons for whose benefit the duty is created, in any of the transactions in which it is intended to protect. Therefore, a defendant who gives false information that he or she did not know was false may nonetheless be held liable for negligent misrepresentation when the plaintiff is able to establish a claim for negligent misrepresentation.
A West Palm Beach general injury lawyer specializing in negligent misrepresentation will advise a plaintiff that in order to establish a claim for negligent misrepresentation, the claim must allege that:
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The defendant made a false statment of concerning a material fact;
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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 a fact and not just an 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.
Blog for Negligent Misrepresentation
- Establishing a Claim for Negligent Misrepresentation
Description: West Palm Beach negligent misrepresentation lawyer | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
Library for Negligent Misrepresentation:
- Negligent Misrepresentation | Proving Actual Damages
Description: West Palm Beach Negligent Misrepresentation lawyer | call Sharmin & Sharmin P.A. at 1-800-74-TRIAL. - Establishing Cause of Action for Negligent Misrepresentation
Description: West Palm Beach Negligent Misrepresentation Lawyer | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
