Question

Arvo Lake, a retired seventy-one-year-old man, bought an air conditioner in May 2018. The unit was installed and operated according to the manufacturer's instructions. Unbeknownst to Lake, the unit contained a hole in the refrigeration system that allowed Freon, the coolant, to escape from the unit. By August, the unit had ceased cooling, and Lake's residence reached a temperature of at least 96 degrees Fahrenheit. The heat caused Lake to suffer from hyperthermia, which caused circulatory failure and death. The executor of Lake's estate, David Garavalia, sued the manufacturer of the air conditioner for damages. The circuit court dismissed the suit, and Garavalia appealed. The appellate court found for the plaintiff, alleging that the risk of death from an air conditioner that failed to operate properly was foreseeable, given Lake's age and the climate in southern Illinois in the summer.

In view of these facts, analyze and justify your decision from a legal and ethical standpoint by answering the following issues:

Question : In determining whether Lake's death was a foreseeable result of the malfunctioning air conditioner, the court considered such circumstances as the heat of the Illinois summer, Lake's age, and the high crime rate in Lake's neighborhood. Should these factors have any bearing on whether the manufacturer should be held liable for Lake's death? Why or why not?

Answer 1

According to consumer act 1986 every consumer have a right to sue against any fraud for the protection of the consumer.

In the given case Mr Arvo Lake bought an air conditoner which has a hole due to which temperature goes to 96 and Mr Arvo dead. Air Conditioner is installed as per instruction of manufacture and it is the responsibility of the manufacture to proper check if any defective product is made.If there is a hole in Air Conditioner then it is the fault of manufacture and also its it responsibility to compensate the Consumer.

So accordingly Mr Arvo is right and can sue for the death and thus circuit court is not right to dismissed the suit

Factors like  the heat of the Illinois summer, Lake's age, and the high crime rate in Lake's neighborhood are relevant for proper investigation that whether the actual reason of death is that or not if that is the reason than Mr Arvo can sue the file and its compulsory for manufacutre to pay compensation accordingly.