Start with the records. Repair orders, warranty documents, mileage, and days out of service are more useful than general assumptions about whether a vehicle qualifies.
Safety technology has changed how we drive, but when critical features like airbags, seat belts, or automatic emergency braking fail again and again, the risk and stress can be overwhelming. California’s Lemon Law can apply to serious safety defects, including modern driver-assistance systems (ADAS), when they persist under warranty despite reasonable repair attempts. This article explains how the law treats safety defects and what steps you can take to protect your rights if your vehicle’s safety features keep failing.
How California Lemon Law Covers Safety Defects
California’s Lemon Law (part of the Song-Beverly Consumer Warranty Act) applies to new vehicles—and many used vehicles still under their manufacturer’s warranty—when a defect substantially impairs the use, value, or safety of the car and the manufacturer cannot fix it after a reasonable number of attempts. Safety-related defects often qualify because they directly affect whether the vehicle can be safely operated. Examples include airbag warning lights that won’t clear, seat belt pretensioners that malfunction, brake system failures, steering issues, and persistent faults with ADAS like lane-keeping, blind-spot monitoring, or automatic emergency braking.
The law includes a “presumption” period (often referred to as the Tanner presumption) for the first 18 months or 18,000 miles. During that window, a vehicle may be presumed a lemon if, for example, the manufacturer or dealer has made two or more repair attempts for a defect that is likely to cause death or serious bodily injury, four or more attempts for other issues, or if the vehicle has been out of service for more than 30 cumulative days. Importantly, even if your situation falls outside that window or doesn’t meet the presumption exactly, you may still have a claim—the presumption just makes certain cases easier to prove.
If a vehicle qualifies as a lemon, the law provides remedies such as a refund or a replacement vehicle, generally at the manufacturer’s option and subject to certain offsets like a mileage deduction for the time before the problem first appeared. Safety defects do not require you to keep driving an unsafe car indefinitely; however, you typically must give the manufacturer a reasonable number of opportunities to repair the issue under the warranty. Because the details matter—warranty coverage, documentation, timing, and repair history—consumers often benefit from a consultation to understand options before taking the next step.
Steps to Take if Safety Features Keep Failing
Start by documenting everything. Each time a safety feature fails—an airbag light comes on, the braking system throws a warning, or lane-centering behaves erratically—note the date, mileage, driving conditions, and what you experienced. When you visit the dealership, ask for detailed repair orders that list your complaint, the technician’s findings, diagnostic codes, parts replaced, software versions or updates installed, and the final outcome. Keep copies of all records, including texts or emails with the service department, tow receipts, and any loaner or rental paperwork.
Work through the warranty process with the authorized dealership and notify the manufacturer if problems repeat. If the issue is serious—like a recurring brake failure or steering loss—make sure the dealership labels it as a safety concern on the repair order. Ask whether there are related Technical Service Bulletins (TSBs), recalls, or software updates for your VIN, and confirm that they were applied. If the vehicle is not safe to drive, arrange a tow rather than driving it in yourself; your safety comes first. Do not modify or disable safety systems, and avoid clearing diagnostic codes at home—those data can be important evidence of recurring defects.
If the safety defect persists, consider escalating: contact the manufacturer’s customer care, submit a written notice of the ongoing problem, and learn about any manufacturer dispute programs or arbitration options. You can also speak with a California lemon law attorney to discuss your situation. This article is not legal advice, and a consultation can help you understand timelines, what “reasonable number of repair attempts” might look like in your case, and what remedies may be available. While each case is unique, staying organized, getting timely repairs, and preserving a clear paper trail can make a meaningful difference.
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Attorney advertising. General information is not legal advice and does not create an attorney-client relationship. No result is promised or guaranteed.