If your car keeps having dangerous problems no matter how many times you take it in, you’re probably wondering whether California’s Lemon Law can help. Safety defects are taken seriously in California, and consumers have protections when a vehicle’s issues threaten the ability to drive safely. This article explains how safety defects are viewed under California’s Lemon Law and when it makes sense to contact ZapLemon for a consultation.
What Counts as a Safety Defect in California’s Lemon Law?
Under California’s Lemon Law (part of the Song-Beverly Consumer Warranty Act), a “lemon” is a vehicle with a defect covered by the manufacturer’s warranty that substantially impairs the car’s use, value, or safety—and the manufacturer or dealer can’t fix it within a reasonable number of attempts. A safety defect is any issue that creates an unreasonable risk when you drive, such as loss of braking power, steering problems, engine stalling at speed, malfunctioning airbags, fuel leaks, or electrical failures that could cause fire. It’s not just “inconvenience”—it’s about whether the defect puts you, your passengers, or others on the road at risk.
California law includes a consumer-friendly “presumption” that may apply during the first 18 months or 18,000 miles (whichever comes first). For serious safety defects likely to cause death or serious bodily injury, the law generally presumes the vehicle is a lemon if the manufacturer or dealer has made two or more repair attempts and the issue persists. Other pathways include four or more repair attempts for non-safety defects, or the vehicle being out of service for repairs for a total of 30 or more days. These are guidelines, not guarantees—the facts of each case matter, and exceptions apply.
Modern vehicles can have safety defects beyond the obvious. Faulty advanced driver-assistance systems (ADAS) like automatic emergency braking or lane-keeping that behave unpredictably, battery or high-voltage issues in EVs that trigger shutdowns or thermal risks, seatbelt or airbag sensor malfunctions, and software updates that cause loss of power or limp-mode can all raise safety concerns. Keep thorough records: repair orders, dates, mileage at each visit, descriptions of symptoms, dashboard warnings, tow receipts, and any recall or technical service bulletin notices. This documentation often makes the difference in evaluating whether your issue qualifies as a safety defect under California law.
When to Contact ZapLemon for a Consultation
It’s sensible to contact ZapLemon if you’ve had repeated warranty repairs for a safety-related issue, if a severe defect persists after two attempts, or if your car has spent 30 or more cumulative days in the shop. You should also reach out if the dealer says “no problem found” while the safety issue continues, if the manufacturer is slow-walking repairs, or if you’ve been told a known defect isn’t covered under warranty. Early advice can help you avoid missteps and understand your options.
Before your consultation, gather your paperwork. Create a simple timeline of every repair visit, including dates, mileage, what you reported, and what the dealer did. Save all repair orders, work summaries, emails or texts with the dealer or manufacturer, tow records, rental/loaner paperwork, and photos or videos of the problem when it happens. If a dashboard light comes on, note it. If you receive a recall notice, keep it. These materials help an attorney evaluate whether the defect is likely covered and whether the repair history meets California’s standards.
During a consultation, the goal is to understand your situation, explain how California’s Lemon Law generally works, and outline potential next steps. Potential remedies under the law can include a repurchase (often called a “buyback”), a replacement vehicle, or sometimes a cash-and-keep settlement, depending on the facts and the law. Every case is different, and results can’t be promised. A consultation helps determine whether your vehicle might qualify and what additional documentation or actions could be helpful moving forward.
This article is for informational purposes only and is not legal advice. Reading this post does not create an attorney-client relationship. Attorney Advertising. If you believe your vehicle may qualify as a lemon or you’re dealing with ongoing safety defects, contact ZapLemon for a consultation at [phone number] or visit [website]. A consultation is the best way to get legal advice tailored to your specific situation.