Lemon Law Attorneys Discuss: Handling Safety Feature Failures

Safety features are why many of us buy newer vehicles—think automatic emergency braking, lane-keeping assist, airbags, backup cameras, and stability control. When these systems fail or act unpredictably, the stakes feel high. Below, ZapLemon’s California lemon law attorneys discuss how safety feature failures fit under state law and what to document so you can protect your rights. This article is for general information only and isn’t legal advice.

Is a Safety Feature Failure a Lemon Under California Law?

California’s Song-Beverly Consumer Warranty Act (often called the California Lemon Law) covers defects that substantially impair a vehicle’s use, value, or safety while under the manufacturer’s warranty. Safety features are squarely tied to “safety,” so persistent problems with airbags, ABS, electronic stability control, seatbelt pretensioners, or advanced driver-assistance systems (ADAS) like adaptive cruise or automatic emergency braking can qualify if the manufacturer can’t fix them after a reasonable number of attempts. Whether a problem is “substantial” depends on the facts—how often it happens, how serious it is, and whether it remains unresolved despite repairs.

California also has a rebuttable “presumption” (sometimes called the Tanner presumption) that helps consumers in certain situations within the first 18 months or 18,000 miles, whichever comes first. Under that presumption, a vehicle may be presumed a lemon if, during that period: the same issue was subject to repair four or more times; or a defect likely to cause death or serious bodily injury was subject to repair two or more times; or the vehicle was out of service for repair for a cumulative total of more than 30 days. These aren’t hard limits—claims outside those numbers can still succeed—but they are helpful guideposts.

Not every glitch qualifies. Some safety systems reduce functionality if sensors are obstructed, weather is severe, or cameras are miscalibrated from a windshield replacement. Software-based features may receive over-the-air updates that temporarily change behavior. That said, recurring warning lights, “temporarily unavailable” messages, false braking events, or failed airbag diagnostics are red flags. If you’re repeatedly visiting the dealer for the same safety fault and it’s not resolved under warranty, it’s worth speaking with a California lemon law attorney to evaluate the facts.

What to Document: Repairs, Warnings, and Downtime

Start with complete repair records. Each time you visit the dealership, ensure the repair order describes your complaint in your own words (for example, “automatic emergency braking activated without obstacle at 45 mph,” or “airbag light on; dealer could not duplicate”). Keep copies of all repair orders, invoices (even if $0 warranty repairs), parts replaced, recall and Technical Service Bulletin (TSB) references, software versions installed, and diagnostic codes noted by the technician. If the dealer says “no problem found,” ask that phrase be written on the repair order and still keep the paperwork.

Document the symptoms as they happen. Take timestamped photos or videos of dashboard warning lights, “feature unavailable” messages, and any unusual behavior such as phantom braking or loss of lane assist. Note the date, mileage, weather, road conditions, and speed when the issue occurs. If the problem is intermittent, consistency in your notes helps establish a pattern. If you had towing, rental cars, or a loaner because the vehicle was undriveable, keep receipts and record the dates—those days can count toward downtime.

Preserve context around warranty and communications. Keep your warranty booklet, any manufacturer emails or app messages about safety updates, and your case number if you called the manufacturer’s customer care line. If the dealer recommends recalibration after a windshield or bumper repair, keep those invoices too. Avoid clearing fault codes or factory-resetting systems yourself before a service visit; let the dealer capture live data. If you believe a safety feature failure persists after multiple repair attempts, schedule another documented visit and consider contacting a California lemon law attorney to discuss your options.