Question

Kate fell asleep with a candle lit by her bed. She was sleeping on a mattress manufactured by the United Mattress Co. The candle fell from her nightstand and dropped onto the mattress where she slept. The mattress caught fire and Kate was severely burned. The mattress was a cheap no-frills model. It had been treated with some chemical additives to make it partially flame-resistant, but only to the extent of slowing the speed at which the fabric caught fire. It is possible to make mattresses fully flame-proof, but the process is an expensive one, so expensive that it would have taken the price of this mattress out of the "budget" range. The mattress bore a label indicating "flame resistant." During a discussion with the sales manager Kate asked about whether it was safe, and indicated she sometimes kept a candle by the bed. The sales manager said it was "the best mattress on the market." Kate wants to file a lawsuit against United Mattress Co. Can Kate sue based on negligence? Can Kate sue based on breach of warranty?

Answer 1

1. Kate cannot sue United based on negligence, which is the duty of care. United was not negligent and owed no duty of care in this instance to Kate.

2. Kate can rather sue based on a breach of warranty. There was a warranty (a written specific guarantee) on the mattress label, which indicated that it was "flame resistant."

Step-by-step explanation:

A warranty, in this case, involves the written statement or claim by United Mattress Co. that the mattress was "flame resistant." United could have limited its liability for breach of a warranty by indicating clearly that the mattress could only slow the flaming process instead of just resisting flame. By making the onerous claim that the mattress was "flame resistant," United was exposing itself to liability claims by Kate, who was clearly negligent in putting a candle near her mattress while sleeping.