Most people expect to deal fairly with one another and get what they bargained for.
Unfortunately, there are individuals who play fast and loose with the truth, either to move transactions along or to get more than they deserve.
Negligent misrepresentation is a remedy under the law where people who may not have been committing fraud but still didn’t deal honestly can be held accountable.
What Is Negligent Misrepresentation?
Generally, negligent misrepresentation occurs when one person negligently makes a representation that causes another person to act in a way that results in their injury. Usually, negligent misrepresentation occurs during a business transaction, but the transaction can also be less formal.
According to the Texas Supreme Court, elements of negligent misrepresentation are:
- A person makes a false material representation;
- The person knew that the representation was false or made it recklessly without any concern for its truth;
- The person intended to induce another person to act upon the representation; and
- The other person actually and properly relied on the representation and suffered harm.
Importantly, a negligent misrepresentation case requires neither a contract between the parties nor that the misrepresentation is intentionally false or misleading.
Negligent misrepresentation is a tort-based principle where one party owes a duty of care to another. That means that the party making the representation owed a duty to another party to make accurate and truthful representations about the transaction in question.
Negligent misrepresentation is often easier to prove than fraud because the intent is not a critical element. Therefore, someone may recover damages with a negligent misrepresentation claim where a fraud claim may not be successful.
Do You Have a Case?
While proving negligent misrepresentation in Texas may be easier than proving fraud, there is still a significant legal standard that needs to be met. The Hunnicutt Law Group can help you meet this standard. We will investigate your claim and employ a rigorous analysis to apply Texas law to the facts of your particular situation.
With significant experience in transactional law, the Hunnicutt Law Group knows what to look for in evaluating the conduct of parties in a business transaction.
If you entered into a transaction (again, this could be a formal business deal or a less formal arrangement) where you acted in reliance on someone else’s representations, we can help. Our attorneys will examine those representations against Texas precedent and determine if there was a negligent misrepresentation. If there was, the Hunnicutt Law Group can advocate zealously for your case.
What Damages Can You Get for Negligent Misrepresentation?
Damages for negligent misrepresentation are costs that you suffered outside the transaction, but that resulted from an act of negligent misrepresentation in the transaction. You do not receive damages simply because you did not receive what you bargained for in a transaction.
For example, imagine you purchased an item from someone who claimed that the item was brand new. As it turned out, the item was broken and you had to pay someone else to fix it. You could recover the cost of fixing the item in a negligent misrepresentation claim.
However, the difference in cost between that item and an actual brand new item would not be considered damages under negligent misrepresentation.
As you can tell, calculating damages in a negligent misrepresentation claim can be complicated. But the Hunnicutt Law Group can help you make sure that there are clearly identifiable and recoverable damages and help you quantify them.
There Is a Time Limit to Bring Your Claim
The Texas statute of limitations prevents plaintiffs from bringing claims for events that occurred long in the past. You need to file your negligent misrepresentation claim in court within two years of the date when the alleged act of negligent misrepresentation occurred.
Literally, time is of the essence in some cases, so contact us today.
How a Texas Attorney Can Help
The law is complicated, and the devil is in the details. The law governing negligent misrepresentation in Texas is not set out in the statutes but rather handed down by Texas courts. Therefore, identifying whether you have a winning case takes adept analysis.
The Hunnicutt Law Group is staffed with seasoned litigators who can assist you in evaluating your potential claim. In addition, our attorneys are experienced enough to avoid the pitfalls and exploit the opportunities in negligent misrepresentation cases—pitfalls and opportunities which may be otherwise missed by less experienced attorneys or those attempting to represent themselves.
The Hunnicutt Law Group has the experience and knowledge to properly evaluate your potential negligent misrepresentation claim and give you a clear and balanced assessment. We give you small firm attention with big firm results—with over 25 years in the courtroom, you can count on us to provide seasoned and skilled advocacy.