Safety Defects and Lemon Law in California

If a safety defect in your car makes you hesitant to drive the kids to school or merge onto the freeway, you’re not alone. California’s Lemon Law exists to protect consumers when serious vehicle problems aren’t getting fixed under warranty. This article explains how safety defects fit into California’s Lemon Law, what “reasonable repair attempts” means, and how to document your visits to the dealership so you can make informed decisions about next steps.

Safety Defects and Your Rights Under California Lemon Law

A safety defect is a problem that poses an unreasonable risk of death or injury, or that keeps the car from meeting federal safety standards. Think of brakes that fade or fail, steering that locks or pulls, an engine that stalls at speed, airbags that malfunction, seatbelt or airbag warning lights that repeatedly return, electrical shorts that create fire risk, fuel leaks, loss of power, or transmission failures that cause sudden jerking. These issues can affect both new and used vehicles, as long as the vehicle is covered by a manufacturer warranty and was sold or leased in California.

Under California’s Song-Beverly Consumer Warranty Act (often called the California Lemon Law), a vehicle may qualify as a “lemon” if the manufacturer or its authorized dealer cannot repair a covered defect after a reasonable number of attempts and the defect substantially impairs the vehicle’s use, value, or safety. California’s “Tanner presumption” offers a helpful guideline during the first 18 months or 18,000 miles: two or more repair attempts for a defect likely to cause death or serious injury, four or more attempts for other substantial defects, or 30 or more total days out of service for repair, may trigger a presumption the vehicle is a lemon. Even if you are outside those time or mileage windows, or don’t fit the presumption exactly, you may still have rights under the law.

If your car qualifies, potential remedies can include a manufacturer buyback (repurchase), a replacement vehicle, or sometimes a cash settlement to keep the car while you continue repairs. Incidental expenses tied to the defect—like towing or rental cars—may also be recoverable in some cases. Outcomes depend on the specific facts and warranty history, and this information is not legal advice. A consultation with a California lemon law attorney can help you understand your options; in many cases, California’s Lemon Law allows consumers who prevail to recover reasonable attorney’s fees from the manufacturer.

What to Do and How to Document Repair Attempts

If you suspect a safety defect, prioritize safety first. Avoid driving the vehicle if it’s unsafe; consider arranging a tow to the dealership rather than risking a breakdown on the road. Check your warranty booklet to confirm coverage, and run your VIN through the NHTSA recall lookup to see if a recall is open. Notify the dealership and, when possible, the manufacturer’s customer care line to open a case number, and describe the issue plainly: what happened, when, how often, and under what conditions.

Documentation is key in lemon law matters. At every visit, ask for a detailed repair order (RO) that lists your complaint in your own words, the technician’s diagnosis, and the repairs performed. Keep copies of all ROs, invoices, recall notices, software update records, and warranty booklets. Maintain a simple timeline that records dates, mileage in and out, symptoms, warnings on the dashboard, photos or videos of the problem, and how the issue affects use, value, or safety (for example, “car stalled turning left across traffic”). Save towing and rental/loaner car receipts, and note each day the vehicle is at the dealership.

When communicating with the service department, be consistent in how you describe the defect and request that the advisor road-test the vehicle with you if the issue is intermittent. Before you sign, read the repair order to ensure your concerns are accurately written and no lines are left blank; ask for a final, closed invoice each time you pick up the car. Consider sending a written notice to the manufacturer (certified mail helps) summarizing the ongoing defect and repair history. If the problem persists after multiple visits or significant time out of service, contact a lemon law professional to evaluate your situation. ZapLemon can review your records and help you understand your options under California law.

Disclaimer: Attorney advertising. This article is for informational purposes only and is not legal advice. Reading this article does not create an attorney–client relationship. Results vary based on the facts of each case. For advice about your specific situation, please consult an attorney.