Under Washington State laws, what are the elements of negligent misrepresentation? Here’s my point of view.
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ELEMENTS OF NEGLIGENT MISREPRESENTATION
In Washington State, negligent misrepresentation is a tort. A tort is a civil wrong, other than breach of contract, for which remedies may be obtained.
“To prevail on … [a negligent misrepresentation claim], a plaintiff must prove, by clear, cogent, and convincing evidence that[:]
(1) the defendant supplied information for the guidance of others in their business transactions that was false,
(2) the defendant knew or should have known that the information was supplied to guide the plaintiff in his business transactions,
(3) the defendant was negligent in obtaining or communicating the false information,
(4) the plaintiff relied on the false information,
(5) the plaintiff’s reliance was reasonable, and
(6) the false information proximately caused the plaintiff damages.
Specialty Asphalt & Construction, LLC v. Lincoln County, 191 Wn.2d 182, 196-97 (Wash. 2018) (citing Ross v. Kirner, 162 Wn.2d 493, 499, 172 P.3d 701 (2007); Lawyers Title Ins. Corp. v. Baik, 147 Wn.2d 536, 545, 55 P.3d 619 (2002) (“Washington has adopted Restatement (Second) of Torts § 552 (Am. Law Inst. 1965)”)) (hyperlink added).
JUSTIFIABLE RELIANCE: AN ISSUE OF FACT
“Whether a party justifiably relied upon a misrepresentation is an issue of fact.” Specialty Asphalt, 191 Wn.2d at 198 (citing ESCA Corp. v. KPMG Peat Marwick, 135 Wn.2d 820, 828, 959 P.2d 651 (1998)).
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