Consumers can hold a company liable not only for misrepresenting a product but also the physical harm it causes, said the Supreme Court in a 5-0 decision, and therefore, a Consumer Fraud Act claim can be filed concurrently with a Product Liability Act claim in the same complaint.
“PLA and CFA claims may proceed in separate counts of the same suit, alleging different theories of liability and seeking dissimilar damages,” said Justice Lee Solomon, who delivered the opinion Wednesday.
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