At Shainfeld Law, our lemon law attorney in Sacramento-Roseville-Arden-Arcade understands that when any of the nearly 95,000 people who call this metro area home believe they have a vehicle defect, they often do not know what to do next.

Vehicles deemed “Lemons” under California’s Lemon Law cannot be fixed after a reasonable number of attempts and can become significant safety hazards to drivers and their occupants.

Independently filing a lemon law claim in California will be met with significant resistance from the manufacturer. Even if they know your defect is one they have received multiple complaints from, they will not openly admit it and provide the legal remedy that fits your needs.

Fortunately, lemon laws protect consumers, offering a recourse when stuck with a vehicle with persistent defects affecting its use, safety, or value. However, manufacturers often deploy a variety of defenses to deny these claims.

If you are considering pursuing a California lemon law claim, here is what you can expect from the manufacturer.

Manufacturer Defenses for Lemon Law

You Must Satisfy the Burden of Proof That Your Vehicle is a Lemon

The “burden of proof” is a critical and common strategy used by manufacturers in contesting lemon law claims. In short, the manufacturer will say you are responsible for proving you have a valid claim.

You must demonstrate that the vehicle in question has “a defect that substantially impairs its use, value, or safety” and falls within the California lemon law’s protections.

Without proof, in the form of documentation, repeated visits to the dealership, and other supporting materials, the manufacturer’s defenses against your claim may include:

  • You did not adequately notify the manufacturer as required.
  • You did not report or attempt to have the defect repaired within the timeframe stipulated by the law.
  • You have failed to provide adequate documentation to prove that the vehicle has been subjected to a reasonable number of repair attempts or that the problem persists despite those attempts.
  • You have not sufficiently demonstrated that the vehicle’s issues are due to a substantial defect defined by the applicable lemon law.
  • The defect is not covered under the vehicle’s warranty. This could be because the warranty has expired or the specific issue is excluded from warranty protection.
  • The defect is associated with aftermarket modifications made by the vehicle owner, voiding the warranty and relieving the manufacturer of any legal obligations.
  • The defect was caused by the owner’s misuse, neglect, or unauthorized modifications to the vehicle/

To counter these defenses, it is vital to:

  • Keep detailed records of all repairs and interactions with the dealership and manufacturer.
  • Keep service receipts and repair orders that provide tangible evidence that the vehicle has been subject to repeated attempts at repair for the same issue.
  • Review your warranty documentation closely to understand its terms.
  • Prove the defect was not due to misuse, abuse, or modifications.

Service records showing regular maintenance and inspections can help build your lemon law claim for success, as can expert testimony stating that the defect is due to manufacturing or design flaws, not owner actions. We can help.

Contact Our Skilled California Lemon Law Attorney in the Sacramento-Roseville-Arden-Arcade Metro Area Today

If you believe your California vehicle may be a lemon and is still under the manufacturer’s warranty, contact our experienced Sacramento-Roseville-Arden-Arcade metro area lemon law attorney at Shainfeld Law, P.C., today by calling 888-609-2593 or request a free consultation online to learn more about your rights as a California consumer.