Can Lemon Law Apply to Safety Features That Don’t Work as Advertised?

When you think of lemon law cases, your mind might go to engine defects, brake problems, or some other physical part that can’t be fixed. Increasingly today, software and technological issues can be classed as “substantial defects” that severely impact a vehicle’s use, value, or safety. Some of these newer types of defects can include specialized safety features that rely on the vehicle’s technological systems to work. When they fail to operate as advertised, then they can pose a safety threat.

Sometimes, for substantial defects relating to safety, states can allot fewer repair attempts to manufacturers (not all states do this, however) to try and fix the problem (we’ll get more into this in a moment).

Just as with other defects, the safety feature issue must be severe enough to be classed as substantially affecting the security of the vehicle’s occupants. A skilled and experienced lemon law attorney works to prove how these defects can qualify vehicles as lemons. We will see how this can apply, along with additional lemon law criteria that must be satisfied to make the claim valid.

How Does Lemon Law Work?

As we mentioned, lemon law isn’t applicable for minor issues; the crux of it is that the vehicle must exhibit a substantial defect. In the circumstances we’re discussing, the defect must severely affect the occupants’ safety. Each state’s lemon laws differ, but they’re all built around the main premise of the vehicle having to exhibit a substantial defect. The state determines how many repair attempts the manufacturer receives to try and solve the problem. In the case of a safety defect, some states will reduce the number of repair attempts, as they recognize the potential severity of the issue.

Not sure if a recall could work in your favor for a lemon law claim? Call Allen Stewart, P.C. now (866-440-2460) to schedule your consultation, or contact us online.

Lemon Law Coverage for Safety Features

If your warranty covers the vehicle for a certain time period and, as most car warranties do, provides you with bumper-to-bumper coverage, it will state that the car or truck’s safety features are part of that coverage. When these are substantially defective to where they severely impact the vehicle’s use, value, or safety, then they can potentially become the basis for a lemon law claim.

So, let’s say that the vehicle in question satisfies the substantial defect requirement; it also is still covered under the manufacturer’s warranty, and it also satisfies the state’s various reporting, mileage amount, and other criteria (these vary by state). Is the lemon law attorney then on a clear course to proving the defect and holding the manufacturer accountable to provide compensation to the client?

Not necessarily. Let’s see what could potentially happen to block the claim.

Proving the Lemon Law Claim Regarding Defective Safety Features

Usually the core of a lemon law case comes down to proving that the vehicle has a “nonconformity” to the manufacturer’s written warranty. The attorney will argue that the safety feature in question is a component covered by the written warranty and that the manufacturer failed to repair it after a reasonable number of attempts.

Since we’re speaking about features that were “advertised,” this discussion can also include what’s called a breach of express warranty. If you bought the car and promises were made that it offered specialized braking assist features or extensive camera safety features, and these don’t work or work haphazardly, putting occupants at risk, the manufacturer didn’t live up to this promise of a legal expectation of quality.

Note: The breach of express warranty has to be specific, not vague. It must be based on a verifiable claim, such as the manufacturer’s advertisement saying the feature helps drivers “stop 30% faster than the leading competitor.”

But why is this important? Isn’t breach of written warranty (which is a specific type of express warranty) enough to use as a main focus for a lemon law claim (provided all lemon law criteria are met)?

Key point: The manufacturer will defend its position; it may try to avoid, minimize, or dismiss the claim altogether. It might even say that the vehicle owner abused or neglected the car or truck. A breach of express warranty is the attorney’s tool to fight back, demonstrating that a promise was made that the safety features would work as advertised. If they don’t, the argument will be that it is proof that the manufacturer isn’t upholding its specific promise made in the advertising; therefore, it’s a breach of express warranty.

Important: Even if the written warranty is narrow, most states provide an implied warranty of merchantability. This means that the vehicle has to be “fit for its ordinary purpose.” In our focus here on safety systems, if these don’t work, the vehicle can be classified as “unmerchantable.” This can give the lemon law attorney another path to pursue a claim.

Let’s review a few instances where defective safety features could lead to lemon law claims.

Potential Lemon Law Claims Involving Malfunctioning Safety Features

The “Ghost Braking” Incident: The vehicle’s emergency braking system slams on the brakes for no reason in highway traffic, creating a rear-end collision risk. The owner is scared to death of this defect, as she nearly was rear-ended twice because of it. She took the car to the dealer, and after three repair attempts, it could not be fixed.

The lemon law attorney gathered the vehicle owner’s evidence and determined the car qualified as a lemon per state law. The manufacturer tried to dismiss the claim, but since the car was heavily advertised as having smooth braking, “20% better than the leading competitor,” and being safer than various other cars during highway driving, the breach of express warranty cuts down the manufacturer’s claims of “everything is working as it should.”

This breach of express warranty, plus the written warranty breach, along with repair records and the client’s documented notes regarding the several times the ghost braking occurred, helped the attorney hold the manufacturer accountable. The attorney negotiated a buyback settlement with the manufacturer.

Blind Spot Monitoring Impairment: The blind spot monitoring system fails to alert a pickup truck owner to nearby vehicles despite sensors being “clean” and the car being under warranty. The truck owner took his vehicle in to be repaired, and after two attempts, the dealer couldn’t fix it.

The owner met with a lemon law attorney. After presenting his evidence and telling the attorney that this truck was sold with the promise of being “in the top 3 best at blind-spot awareness,” the attorney could see that, according to their state, the owner had already satisfied the required repair allotments to the manufacturer. Since this was a safety issue, and all other lemon law criteria were satisfied, the lawyer pushed for the client’s compensation. The manufacturer settled on a buyback shortly thereafter.

Airbag Warning Light Limbo: A persistent “Airbag Off” light kept flashing, leaving an SUV owner uncertain if the system would deploy in a crash. It might seem that this situation is nothing more than an annoyance. The manufacturer might even use that in their defense. Actually, since an illuminated airbag light indicates the system may not deploy during a crash, it is considered a critical safety defect.

The woman who owned this SUV definitely felt that way and took her vehicle in three times to the dealer for repairs. The dealership couldn’t repair it, so she met with a lemon law attorney.

The attorney took her evidence, repair records, and included expert testimony to prove that this defect absolutely qualified as substantial. To top it off, the manufacturer had advertised that this model SUV had the “latest airbag technology that put it #1 against competitors,” so they were in breach of written and express warranty. The manufacturer soon afterward provided a buyback to the client.

How a Lemon Law Attorney Can Help You Win Your Case

We’ve noted that safety features included in written warranties and advertised as safeguards can indeed become the basis for lemon law claims. The attorney still has to structure the case to prove the defect, and as with other claims, the lawyer is ready for manufacturer challenges.

It’s always possible that the manufacturer will try to blame the vehicle owner for not taking care of the car or truck. It might also contend that these supposed defects are merely glitches and that they aren’t showing up when a dealer’s technician checks the vehicle. The attorney protects the client’s rights. The lawyer pushes for compensation to ensure that these safety defects are recognized so the client is no longer burdened with an unsafe vehicle.

Trust Allen Stewart, P.C. for Expert Lemon Law Representation

Allen Stewart, P.C. provides expert representation in all types of lemon law cases, including those relating to defective safety features. Our attorneys are well-known across the country and have won many cases, including in Texas, New York, and California. We fight for our clients’ rights and hold manufacturers accountable.

You may wonder if you need a lawyer. Please know that the manufacturer will defend its interests with its legal team. It’s vital that you have experienced lemon law attorneys representing you. You won’t have to worry about cost. The manufacturer is obligated to pay your attorney costs when you win your case.

Don’t wait to take advantage of our free consultation. Time is of the essence with lemon law claims. Contact Allen Stewart, P.C. now (866-440-2460), or schedule your consultation online.