Question: Funny Business manufactures novelty items, including an exploding cigar made to blow up with a loud bang and the emission of smoke. Employee purchased the
Funny Business manufactures novelty items, including an exploding cigar made to blow up with a loud bang and the emission of smoke. Employee purchased the exploding cigar and presented it to Boss at an office birthday party. Boss lit the cigar. When it exploded, the heat from the explosion lit Bosss beard on fire, causing serious burns to his face. In a lawsuit brought by Boss against Funny Business, Boss alleges that he was injured by a defectively designed product. In a products liability action, may Funny Business be held liable?
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Boss will be barred from recovery from Funny Business if his lighting of the cigar was a misuse of the product.
If the factfinder determines that there is no reasonable alternative design available that would provide similar prank characteristics, Funny Business cannot be found liable for manufacturing a cigar with a defective design.
Boss will not be able to hold Funny Business liable for its exploding cigar because the product did exactly what it was designed to do it exploded.
Even if the factfinder determines that there is no reasonable alternative design available that would provide similar prank characteristics, Funny Business can still be held liable in tort for the cigar having a defective design if the factfinder determines that the utility of the exploding cigar is so low and the risk of injury was so high that the cigar should not have been marketed at all.
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