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402A Strict liability

Posted: Wed Jun 01, 2011 3:23 pm
by Pirveli
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!

Re: 402A Strict liability

Posted: Wed Jun 01, 2011 3:29 pm
by loblaw
No one in this forum is in the position to give legal advice. It sounds like you need to speak to a lawyer.

Re: 402A Strict liability

Posted: Wed Jun 01, 2011 3:30 pm
by Kilpatrick
I think you should get a lawyer

Re: 402A Strict liability

Posted: Wed Jun 01, 2011 3:34 pm
by fatdouche
Legalzoom.com

Re: 402A Strict liability

Posted: Thu Jun 02, 2011 3:04 pm
by ColomboHeat
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.

Re: 402A Strict liability

Posted: Thu Jun 02, 2011 3:15 pm
by 23402385985
Look at all those forks.

Re: 402A Strict liability

Posted: Thu Jun 02, 2011 3:54 pm
by gwuorbust
loblaw wrote:It sounds like you need to speak to a lawyer.

Re: 402A Strict liability

Posted: Thu Jun 02, 2011 5:44 pm
by NotMyRealName09
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.

Re: 402A Strict liability

Posted: Thu Jun 02, 2011 7:03 pm
by dailygrind
gwuorbust wrote:
loblaw wrote:It sounds like you need to speak to a lawyer.