When a buyer or a service provider makes a statement on which they have no reasonable ground to prove it’s true, they are said to have engaged in negligent misrepresentation.
A product or a service can be advertised as being good but fails to meet the standards. If someone depends on that information, they suffer losses.
If you bought a certain product believing the information portrayed to be true because the other party never investigated the facts, this may amount to a claim.
Where such harm is suffered by a large group of consumers, it would be possible to file a class-action lawsuit.
Understanding Negligence Misrepresentation
Negligent misrepresentation is when one party to a contract makes an untrue statement without facts, and then that information induces the other party to enter into the contract. In other words, a seller presents a product or a service to be good when it’s not.
For instance, a car dealer who sells a vehicle claiming it has a perfect engine, and a buyer relies on the information but after some time the car stalls, this would be negligence misrepresentation. The reasons could be that the car dealer may be failed to check faulty fuel pumps or ignition switches.
Whichever the case, you think you have relied on untrue information, you may seek help from a lawyer to help recover for any losses suffered.
Negligent misrepresentation is a hotbed of class action lawsuits. Where a single product has harmed a group of consumers, they may consider looking for class action attorneys in Los Angeles to help file a class-action lawsuit. Some of the predominate questions before filing a class-action lawsuit based on negligence presentation would be:
- Did the class member buy the same product or used the same service?
- How was the product marketed? Under this, you may ask whether the class members acted on oral or written representations to make the purchase.
- Did every class member enter into a contract, and what was the basis of such a contract?
The above questions may be relevant to assess the damages for the class members.
Is There Any Proof Needed?
If the plaintiff can show that there was a contract and the other party failed to meet required standards, this can help to argue what damages are enough for the harm suffered. For example, for a successful class-action lawsuit, the class plaintiff can prove that:
- The product or service representation was in form of a contract. Such representation was false, and the defendant made such without reasonable grounds to believe the statement was true.
- The class member relied on the false information and made a purchase.
- The class member suffered losses.
Though it’s the court’s role to ensure each member of a class-action lawsuit gets relief of losses suffered, you need a class-action lawyer to guide you on how to get a reasonable relief. Such a lawyer understands the key development in consumers class action and knows the suitability of class action and its treatment
Negligent misrepresentation hurts the consumers. As such affected consumer has a right to claim for damages caused. This is possible by proving that the party had a duty to act, but they negligently gave out the information to be relied upon.
If this seems impossible to prove, a class action lawyer is better equipped to use the best strategy for the best damages. Again, since negligent misrepresentation can occur in different contexts, the class action lawyer can advise whether the claim may be valid to amount to a class action.
If the class members suffered a loss due to entering into a contract with the defendant, such damages would be based on the fact that:
- The class members relied on false misrepresentation and hence bought a good or used a service.
- The defendant never acted reasonably to ensure the facts of the statement were correct.
- Negligent misrepresentation gave rise to losses.
It would be vital to seek legal help once you realize you have suffered physical or any other damage due to a negligence representation.
If you have any questions or concerns regarding negligence representations, a class action lawyer can help look for remedies and assist you in filing your claim.
Class action cases present myriad challenges. Class members have to use some procedural rules due to the complex questions related to such cases. The reason for this is due to the many roles of dealing with many class members. Thus, having a class action lawyer makes it easy to maneuver through, and each member gets the damages they deserve. In addition, such a lawyer can evaluate the facts of your situation and determine whether you have a case or not. This helps to avoid wasting time and money involved in litigations.