Fraudulent Misrepresentation Claim Conditions In Alabama
In order to succeed on their fraudulent-misrepresentation claim, the plaintiffs must prove:
(1) that the defendants made a false representation concerning an existing material fact;
(2) that the defendants either knew the representation to be false, made it recklessly, or made it with no knowledge of whether it was true;
(3) that the plaintiffs "justifiably relied" on the representation;
(4) that the plaintiffs incurred damage as a proximate result of their reliance on the representation. Ex parte Household Retail Services, Inc., 744 So. 2d 871, 877 (Ala. 1999), citing Cato v. Lowder Realty Co., 630 So. 2d 378, 381 (Ala. 1993).