California Lemon Law and Safety-Related Defects

Safety problems in a car aren’t just frustrating—they can be dangerous. California’s Lemon Law, also called the Song-Beverly Consumer Warranty Act, offers strong protections when a vehicle has serious defects that the manufacturer can’t fix within a reasonable number of attempts. This article explains how safety-related defects are treated under California Lemon Law and how to document and report them so you can protect your rights.

What Counts as a Safety Defect Under CA Lemon Law

Under California Lemon Law, a “safety-related” defect is generally a problem that substantially impairs the vehicle’s safe operation, or that is likely to cause serious injury if it isn’t fixed. Think of issues like brake failure, steering problems, airbag or seat belt malfunctions, stalling at highway speeds, electrical shorts that could cause fires, fuel leaks, loss of power steering or braking assist, or door latches that open unexpectedly. Modern safety systems count, too—malfunctioning advanced driver assistance features (like lane-keep or automatic emergency braking) can be safety-related if they behave unpredictably or fail when needed.

Not every annoyance will qualify as a safety defect. A squeaky trim piece or a cosmetic paint blemish is frustrating but typically not safety-related. On the other hand, intermittent problems can still be safety defects: an engine that randomly dies, headlights that flicker off at night, or a transmission that hesitates before merging can all pose real risks even if they don’t happen every drive. What matters is whether the issue substantially affects safe use, not whether a dashboard warning light is on every time.

California’s Lemon Law looks at whether the manufacturer had a reasonable number of chances to fix a covered problem under the warranty. The law includes guidelines (often called the “presumption”) within the first 18 months or 18,000 miles: for example, two or more repair attempts for a defect likely to cause death or serious bodily injury, four or more attempts for the same defect, or the car being out of service for more than 30 cumulative days. These are general benchmarks—each situation is fact-specific, and coverage depends on warranty status and how the vehicle is used. Many new and some used/CPO vehicles with a manufacturer’s warranty may be covered.

How to Document and Report Safety Defects in CA

Good documentation is key. When a safety issue appears, schedule service with an authorized dealer and clearly describe the symptoms (what happened, when, speed, weather, warning lights). Ask for a detailed repair order every visit that shows the date, mileage in/out, your complaint in your own words, the technician’s findings, and the parts/labor performed. If the dealer can’t replicate the issue, request that “no problem found” or “could not duplicate” is written on the repair order—this still documents your attempt.

Build a paper trail. Keep a simple timeline of each event and repair visit. Save photos or videos of the defect (for example, the instrument panel going dark, the vehicle jumping into limp mode, or ADAS features warning or braking unexpectedly). Store text messages and emails with the dealer or manufacturer, and keep receipts for towing, rental cars, or rideshare expenses. Review your warranty booklet so you know what’s covered and any steps the manufacturer asks owners to follow.

If the problem continues, escalate. Open a case with the manufacturer’s customer care line and write down the case number. Consider sending a brief written notice to the manufacturer summarizing the defect and repair history—certified mail helps create proof of delivery. You can also submit a safety complaint to NHTSA at safercar.gov or via the SaferCar app; this helps regulators track patterns and may support your record. If repeated attempts aren’t resolving a safety-related issue, consider speaking with a California lemon law attorney to discuss your options. For a review of your situation, you can contact ZapLemon to learn more.