ABC Co. manufactures novelty items. One item, an exploding cigar, is made to explode with a loud bang and the emission of smoke. Robert purchased the exploding cigar and presented it to his boss, Jack, at a birthday party arranged for him at the office. Jack lit the cigar. When it exploded, the heat from the explosion lit Jack's beard on fire causing serious burns to his face.

Jack has retained you to sue ABC. You are considering which products liability claims, if any, to include in the complaint.

1.Do you have a credible basis for asserting the existence of a manufacturing defect? Why or why not?

2.Do you have a credible basis for asserting the existence of a design defect? Why or why not?