402A Strict liability

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Pirveli
Posts: 6
Joined: Wed Mar 04, 2009 11:17 pm

402A Strict liability

Postby Pirveli » Wed Jun 01, 2011 3:23 pm

I have a scenario and want to know what you think.
I am engaged in air conditioner selling and instolation business.
One old man wants to buy central air unit from me but can't afford $4000.
I felt bad for him and said, I just replaced my unit at my house with new one and this old one is sitting in my yard. I don't want money from you, just pay me $200 for installing it for you. He was happy.
I installed the unit in his house and told him to keep air flaw on low because high will be too much for your house. I also said that the unit has the feature to downshift on low if you have it on high and temperature falls below 40 for more than 5 minutes and I also mentione that If this unit did not have that feature, it can overheat and start on fire.
I left his house and old man decided to put the air on high. The downshifting feature did not work and the unit started on fire and burned his house down.
Now he wants to sue me. The air conditioner manufacturer has not been in business for 10 years. Am I liable?

1) I am involved in selling business but did not sell this item to him.
2) product was used and I did not reconstruct or remodele it.
3) Is gifting a SALE in this case?

Let me know what you think.
Thanks!

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loblaw
Posts: 220
Joined: Tue Mar 22, 2011 10:27 pm

Re: 402A Strict liability

Postby loblaw » Wed Jun 01, 2011 3:29 pm

No one in this forum is in the position to give legal advice. It sounds like you need to speak to a lawyer.

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Kilpatrick
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Joined: Sun Dec 06, 2009 2:06 am

Re: 402A Strict liability

Postby Kilpatrick » Wed Jun 01, 2011 3:30 pm

I think you should get a lawyer

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fatdouche
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Joined: Tue May 31, 2011 10:01 pm

Re: 402A Strict liability

Postby fatdouche » Wed Jun 01, 2011 3:34 pm

Legalzoom.com

ColomboHeat
Posts: 83
Joined: Mon Nov 01, 2010 6:14 pm

Re: 402A Strict liability

Postby ColomboHeat » Thu Jun 02, 2011 3:04 pm

wasn't expecting the end of this story, so I LOL'ed at:

and burned his house down.


I was expecting you to say that it didn't work, and he wanted a refund. goddamn.

23402385985
Posts: 413
Joined: Fri Feb 04, 2011 2:44 pm

Re: 402A Strict liability

Postby 23402385985 » Thu Jun 02, 2011 3:15 pm

Look at all those forks.

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gwuorbust
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Joined: Tue Sep 22, 2009 11:37 pm

Re: 402A Strict liability

Postby gwuorbust » Thu Jun 02, 2011 3:54 pm

loblaw wrote:It sounds like you need to speak to a lawyer.

NotMyRealName09
Posts: 1396
Joined: Mon Nov 09, 2009 5:50 pm

Re: 402A Strict liability

Postby NotMyRealName09 » Thu Jun 02, 2011 5:44 pm

Hehe, you installed something you foresaw could start a fire, said as much, and it happened. Then you admitted it on the internet. Consult a lawyer.

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dailygrind
Posts: 19668
Joined: Wed Oct 22, 2008 11:08 am

Re: 402A Strict liability

Postby dailygrind » Thu Jun 02, 2011 7:03 pm

gwuorbust wrote:
loblaw wrote:It sounds like you need to speak to a lawyer.




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