How To Prove A Florida Negligent Misrepresentation Claim
In Florida, a claim of Negligent Misrepresentation is defined as:
Negligent Misrepresentation arises when one party, seeking to persuade another to enter into a contract, has a responsibility to exercise reasonable care in ensuring the accuracy of any factual representations that may influence the second party’s decision to enter the contract. Negligent misrepresentation can also occur in some cases when a party makes a careless statement of fact or does not have sufficient reason for believing in that statement’s truth.
It simply means:
A statement made without regard to the truth.
There are 4 elements of the claim:
- Element 1. The defendant made a misrepresentation of material fact that he believed to be true, but which was in fact false. The defendant incorrectly stated something important that he thought was true, but it turned out to be false, which is a key part of a claim for negligent misrepresentation.
Facts that might support this element look like:
* The defendant stated that the product was made from 100% organic materials, believing this to be true based on the information provided by the supplier.
* The defendant claimed that the property had no prior flood damage, relying on the seller’s disclosure, which he assumed was accurate.
* The defendant assured the client that the investment was low-risk, based on his understanding of the market trends at the time, which later proved to be incorrect.
* The defendant represented that the software would be compatible with all operating systems, based on his experience with similar products, despite not verifying this information.
* The defendant informed the buyer that the vehicle had never been in an accident, trusting the previous owner’s word without conducting a thorough background check. - Element 2. The defendant was negligent in making the statement because he should have known the representation was false. The defendant didn’t take proper care when making a statement and should have realized it was untrue, which means they acted negligently and can be held responsible for any harm caused by that false information.
Facts that might support this element look like:
* The defendant had access to reliable data that contradicted the statement he made, indicating he should have known it was false.
* The defendant failed to conduct any reasonable investigation into the accuracy of the information before making the representation.
* The defendant had prior experience in the industry, which should have alerted him to the potential inaccuracies in his statement.
* The statement made by the defendant was inconsistent with established facts that were publicly available at the time.
* The defendant received feedback from colleagues questioning the validity of the statement but chose to ignore their concerns. - Element 3. The defendant intended to induce the plaintiff to rely on the misrepresentation. The defendant meant to lead the plaintiff to trust a false statement, hoping the plaintiff would act based on that misleading information.
Facts that might support this element look like:
* The defendant made a public statement about the product’s effectiveness, knowing that the plaintiff was likely to rely on that information for their purchasing decision.
* The defendant provided misleading data in a marketing brochure, which was specifically designed to attract potential customers like the plaintiff.
* The defendant had prior knowledge of the product’s flaws but chose to conceal this information to encourage sales to the plaintiff.
* The defendant engaged in a promotional campaign that highlighted false benefits, directly targeting the plaintiff’s demographic.
* The defendant communicated directly with the plaintiff, assuring them of the product’s quality despite being aware of its defects. - Element 4. Injury resulted to the plaintiff acting in justifiable reliance upon the misrepresentation. The plaintiff suffered harm because they trusted false information provided by the defendant, believing it to be true, and acted on that belief, which led to their injury.
Facts that might support this element look like:
* The plaintiff relied on the defendant’s false statements about the product’s safety features before making a purchase.
* The plaintiff incurred significant financial losses after investing in a business opportunity based on the defendant’s misleading projections.
* The plaintiff suffered emotional distress after believing the defendant’s misrepresentation about the reliability of a service.
* The plaintiff’s decision to enter a contract was based solely on the defendant’s inaccurate claims regarding the terms.
* The plaintiff experienced physical harm due to following the defendant’s erroneous advice regarding a health-related product.
(See Simon v. Celebration Co., 883 So.2d 826, 832 (Fla. 5th DCA 2004). Butler v. Yusem, 44 So. 3d 102, 105 (Fla. 2010). Romo v. Amedex Ins. Co., 930 So. 2d 643 – Fla: Dist. Court of Appeals, 3rd Dist. 2006.)
If you’re in court without a lawyer and plan to assert a Claim of Negligent Misrepresentation, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.
Prove Your FL Negligent Misrepresentation Claim
U.S. Civil Cases Only