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Kriegler v. Eichler Homes, Inc.

269 Cal. App. 2d 224, 74 Cal. Rptr. 749 (1969)

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Kriegler v. Eichler Homes, Inc.

California Court of Appeal
269 Cal. App. 2d 224, 74 Cal. Rptr. 749 (1969)

  • Written by Sharon Feldman, JD

Facts

David Kriegler (plaintiff) bought a home that had been constructed by Eichler Homes, Inc. (Eichler) (defendant). Eichler had employed Arro Company (Arro) (defendant) as the heating contractor. Because of a copper shortage, Arro had obtained steel tubing from General Motors Corporation (General Motors) (defendant), installed the tubing in the home, and guaranteed the radiant-heating system. Arro installed steel-tubing radiant-heating systems in at least 4,000 homes built by Eichler. The radiant-heating system in Kriegler’s home failed because the steel tubing corroded. The repairs required Kriegler to remove and store furniture and temporarily relocate his family. Kriegler sued Eichler and its owner, and Eichler cross-complained against General Motors and Arro. The trial court found Eichler liable to Kriegler on the theory of strict liability because the radiant-heating system, as installed, was defective, and found in favor of General Motors and Arro on Eichler’s cross-complaint. On appeal, Eichler argued that the doctrine of strict liability in tort could not be applied to homes or builders. Eichler appealed.

Rule of Law

Issue

Holding and Reasoning (Taylor, J.)

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