In April 1985 Patricia and Ernest Seifert bought a new home in Springhill built by U.S. Homes. In September 1985 Ernest forgot to turn off his car after parking it in the garage. An air conditioning unit in the garage allegedly had a defect that caused it to spread carbon monoxide from the car throughout the house, and Ernest died as a result. His wife sued, and U.S. Homes claimed the sales contract required all claims to be submitted to arbitration. The trial court disagreed, but the Fifth District Court reversed. The Fourth District Court on similar facts held arbitration inappropriate, and the Supreme Court accepted the case to resolve the conflict.