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?