Fraudulent Misrepresentation

Fraudulent misrepresentation is a claim that a party made a false statement of fact that it knew was false, or made recklessly, intending others to rely on it, and that someone did rely on it and was harmed. In asbestos cases it typically targets assurances that a product or workplace was safe.

Origin

The claim is one of the oldest in the common law, sometimes called the action of deceit. Its elements are broadly similar across states, though details such as what counts as reliance, and how specifically it must be pleaded, vary.

Significance in Asbestos Context

Asbestos plaintiffs use fraudulent misrepresentation when there is evidence of affirmative false statements: advertising or literature describing a product as harmless, labels that claimed safety, or company doctors and managers who told workers the dust would not hurt them. It differs from fraudulent concealment, which is about staying silent or hiding facts when there was a duty to disclose, though the two are often pleaded together. The claim can matter because it focuses on what a company knew and said, which can support punitive damages and can sometimes affect limitations periods. It is also hard to prove: plaintiffs usually must show the person, or someone acting for them, actually heard or relied on the false statement, which is difficult decades later and after the injured person has died. Courts also expect fraud to be pleaded with specific details. For many families, the evidence comes from company documents and testimony gathered over years of asbestos litigation rather than from memory alone.

Example Sentence

The plaintiff's fraudulent misrepresentation claim rested on the company's brochures assuring buyers that its joint compound was safe to sand.

Related Terms

Fraudulent Concealment, Civil Conspiracy, Corporate Knowledge, Failure to Warn, Punitive Damages, Burden of Proof

Notes

• If you remember anyone telling you the material was safe, write down who, when and what was said.
• Keep any old product packaging, brochures or safety sheets; they can show what companies told users.
• Fraud claims need specifics; vague memories can still help your lawyer find documents that fill the gaps.