Safety problems in a vehicle are more than headaches—they can put you and your family at risk. California’s Lemon Law (the Song-Beverly Consumer Warranty Act) has specific rules for defects that affect a car’s safety, especially when the manufacturer or dealer can’t fix them after a reasonable number of tries. Below, ZapLemon explains what counts as a safety defect under California law and the practical steps to take if your vehicle keeps having dangerous issues.
What Counts as a Safety Defect Under CA Lemon Law
Under California Lemon Law, a “nonconformity” is a defect or condition covered by the manufacturer’s warranty that substantially impairs the use, value, or safety of the vehicle. A safety defect is any problem that makes the car unsafe to drive or creates a serious risk of harm—even if no crash or injury has happened. You don’t need a catastrophic failure for it to be a safety issue; repeated loss of power on the freeway or brakes that intermittently go soft can be enough to substantially impair safety.
Common examples include brake failures, steering problems (like power steering cutting out), stalling or sudden loss of power, airbag or seatbelt malfunctions, electrical shorts that create a fire risk, transmission issues causing unexpected lurching, and fuel system leaks. Modern vehicles add new safety-related concerns too: advanced driver-assistance features that brake or swerve unexpectedly, camera or sensor failures that impair visibility, and EV battery problems such as overheating or charging faults. If the defect increases the chance of an accident or reduces your ability to avoid one, it likely touches the “safety” category.
California’s Lemon Law also includes a “presumption” to help consumers in the first 18 months or 18,000 miles, whichever comes first. In general terms, the law presumes a vehicle is a lemon if, during that period, the manufacturer or dealer makes two or more repair attempts for a defect that could cause death or serious bodily injury, four or more attempts for other defects, or the vehicle is out of service for 30 or more cumulative days for warranty repairs. Even if you’re outside those mile or time limits, you may still have rights—the presumption just makes certain parts of a claim easier. Coverage typically depends on whether the issue arose during the warranty period and whether the manufacturer had a reasonable opportunity to fix it.
Steps to Take if Your Car Has Recurring Safety Issues
First, prioritize safety. If the car feels unsafe to operate, consider parking it and arranging a tow to the dealership rather than driving it yourself. When the issue occurs, note what happened and under what conditions—speed, weather, warning lights, noises, smells, or vibration. Photos, short videos, and screenshots of dashboard messages or app alerts can help document intermittent problems. Avoid clearing diagnostic codes or disconnecting the battery before a service visit; those codes can be valuable evidence for the technician.
Schedule a warranty appointment with an authorized dealer and clearly describe the safety concern in everyday terms. Ask that your exact complaint be written on the repair order, and request a copy when you drop off and pick up the vehicle. Keep a folder with every repair order, work estimate, and invoice; track dates, odometer readings, days the vehicle is out of service, and towing receipts. If the problem is intermittent, ask for a test drive with the advisor or technician so they can experience the issue firsthand.
If the same safety issue keeps coming back, consider giving the manufacturer formal notice through its customer care line or portal and request a case number. Some manufacturers offer arbitration programs; participation is usually optional and may not be right for everyone. Because every situation is different, it can be helpful to speak with a California lemon law professional about your options and timelines—especially if your vehicle has had multiple safety-related repair attempts or lengthy time in the shop. ZapLemon can review your documents and help you understand potential next steps; a consultation is necessary for legal advice tailored to your facts.
Safety defects are taken seriously under California Lemon Law because they directly affect your ability to use the vehicle safely. By documenting your repair history, keeping clear records, and understanding how the “reasonable number of repair attempts” and time-out-of-service rules work, you can better evaluate your rights and next steps. Remember, the best course of action depends on the specific facts of your situation and your warranty.
Disclaimer: This article is for informational purposes only, is not legal advice, and does not create an attorney-client relationship. Results depend on facts and law; no outcome is promised or guaranteed. If you believe your vehicle may qualify as a lemon, contact ZapLemon at (310) 489-3017 or https://zaplemon.com to request a consultation.