Negligent Misrepresentation as a Cause of Action in Connecticut

Negligent misrepresentation is a legal cause of action that allows individuals to seek compensation when they have been misled by false information. In order to establish liability for negligent misrepresentation, a plaintiff must be able to demonstrate four key elements by a preponderance of the evidence. Let’s take a closer look at these elements and understand how they play a role in a negligent misrepresentation case.

Element 1: Misrepresentation of Fact

The first element in a negligent misrepresentation case is proving that the defendant made a misrepresentation of fact. This means that the defendant provided false information, either through spoken or written communication.

Element 2: Knowledge or Should Have Known

The second element focuses on the defendant’s state of mind. The plaintiff must show that the defendant either knew the information was false or should have known it was false. This means that the defendant had a duty to exercise reasonable care and ensure the accuracy of the information being provided.

Element 3: Reasonable Reliance

The third element involves the plaintiff’s reliance on the misrepresentation. The plaintiff must demonstrate that they reasonably relied on the false information provided by the defendant. This means that the plaintiff trusted the accuracy of the information and made decisions or took actions based on that belief. It is important to note that opinions or statements of future intent generally cannot be expected to induce reliance.

Element 4: Pecuniary Harm

The final element of negligent misrepresentation is proving that the plaintiff suffered pecuniary harm as a result of their reliance on the false information. Pecuniary harm refers to financial or monetary losses that can be directly attributed to the misrepresentation. It is essential for the plaintiff to establish a causal link between the false information and the financial harm suffered.

Seeking Legal Recourse for Negligent Misrepresentation

If you believe you have been a victim of this cause of action, it is important to consult with a qualified attorney who specializes in this area of law. They can evaluate the specific details of your case and determine the best course of action. Remember, the burden of proof lies with the plaintiff, so gathering evidence and presenting a strong case is crucial.

Conclusion

Negligent misrepresentation is a legal cause of action that allows individuals to seek compensation when they have been misled by false information. By proving the four elements of misrepresentation, including the defendant’s false statement, knowledge, reasonable reliance, and pecuniary harm, plaintiffs can potentially hold the responsible parties accountable. If you find yourself in a situation where you believe you have been a victim of negligent misrepresentation, seeking legal guidance is essential to protect your rights and pursue the justice you deserve.

Find the Law on Negligent Misrepresentation

“To establish liability for negligent misrepresentation, a plaintiff must be able to demonstrate by a preponderance of the evidence: (1) that the defendant made a misrepresentation of fact (2) that the defendant knew or should have known was false, and (3) that the plaintiff reasonably relied on the misrepresentation, and (4) suffered pecuniary harm as a result.” Stuart v. Freiberg, 316 Conn. 809 (Conn. 2015).