402A Strict liability
Posted: 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!
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!