10-22-07 A-1287-06T5
Third-party plaintiffs (plaintiffs) brought a products
liability action against cigarette manufacturer after a
cigarette that was left burning caused a fire. We held that
plaintiffs failed to state a claim upon which relief can be
granted because burning is an inherent characteristic of
cigarettes that is apparent to the ordinary user, which cannot
be eliminated without impairing the usefulness of the product.
Plaintiffs conceded at oral argument on appeal that a selfextinguishing
cigarette could only reduce, not eliminate the
danger.
