Power Products,Inc.(PPI),manufactures construction equipment.Quid is injured while using a PPI nail driver and sues the company for product liability based on misrepresentation.To win,Quid must show that

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To win a product liability case based on misrepresentation, the plaintiff must prove that the defendant made a material misrepresentation which the plaintiff relied on. Privity of contract is not necessary for this type of claim. Lack of due care may be relevant in a negligence claim, but misrepresentation is a different legal theory. The experience of the plaintiff in using the product may be a factor in determining comparative fault, but it is not necessary for a misrepresentation claim.