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If your car has been giving you trouble, you may wonder whether the issue poses a safety risk or is simply an inconvenience. In California, that distinction matters, especially if you’re thinking about pursuing a lemon law claim under the Lemon Law.
At The Lemon Firm, we work with California consumers every day to help them understand their rights and determine the best course of action. Knowing the difference between safety-related and non-safety-related defects can mean the difference between a quick resolution and a drawn-out process.
What Is a Safety-Related Defect?
Under California law, a safety-related defect is any vehicle problem that poses a significant risk to the driver, passengers, or others on the road. It’s not just about inconvenience—it’s about real danger.
Examples include:
- Faulty brakes or brake lines
- Steering problems that make the vehicle hard to control
- Airbag systems that fail to deploy or deploy unexpectedly
- Defective tires prone to sudden blowouts
- Fuel system leaks that could cause fires
These issues can trigger immediate legal protections. If a manufacturer or dealer fails to fix a safety-related defect after a reasonable number of repair attempts, you may be entitled to a refund or replacement under the Song-Beverly Act.
What Is a Non-Safety-Related Defect?
A non-safety-related defect is still a valid problem and can still be covered under California’s lemon law, but it doesn’t directly put you in danger. These issues may affect comfort, convenience, or cosmetic appearance.
Examples include:
- Faulty entertainment systems
- Malfunctioning air conditioning or heating
- Window regulators that don’t work properly
- Persistent paint defects or peeling
- Interior rattles or squeaks
While these defects can be frustrating, they usually require more repair attempts before you can pursue a claim. That’s why it’s important to document each visit to the dealership and keep copies of all repair orders.
Why the Difference Matters in California Lemon Law Claims
California’s Song-Beverly Consumer Warranty Act provides strong protections for buyers and lessees of defective vehicles. The law requires that the manufacturer be given a reasonable number of repair attempts before you can move forward with a claim, and what’s considered reasonable depends on whether the defect is safety-related or not.
In general:
- Safety-related defects: Two or more repair attempts may be enough if the problem is serious enough to cause injury or death.
- Non-safety-related defects: Four or more repair attempts are usually required if the problem still affects the vehicle’s use, value, or safety.
The sooner we can identify which category your problem falls into, the faster we can help you take action.
The Role of Documentation
Whether your defect is safety-related or not, documentation is your best friend in a lemon law claim. You should:
- Keep all repair orders and receipts from the dealership
- Note the dates and mileage for each repair visit
- Take photos or videos showing the defect in action
- Keep records of any communications with the manufacturer or dealer
This paper trail helps us prove your case and demonstrate that the manufacturer had a fair chance to fix the problem.
How The Lemon Firm Can Help
We’ve helped California consumers recover compensation and replacements for both safety-related and non-safety-related defects. When you work with us, we will:
- Review your repair history to determine if your defect qualifies under the Song-Beverly Act
- Gather evidence to show whether the issue is safety-related or not
- Communicate directly with the manufacturer so you don’t have to
- Fight for the refund, replacement, or cash settlement you deserve
If you’re driving a vehicle that’s unsafe or unreliable, you shouldn’t have to keep putting yourself at risk.
Quick Answers: California Lemon Law Defects
Can a non-safety defect still qualify under the lemon law?
Yes. Even cosmetic or comfort-related problems can qualify if they persist despite sufficient repair attempts.
How many repairs are considered “reasonable”?
For serious safety defects that could cause injury or death, two or more repair attempts may be enough. For non-safety defects that still affect the vehicle’s use, value, or safety, it’s usually four or more attempts.
What should I do if my vehicle has a safety defect?
Stop driving the vehicle if possible and arrange for repairs immediately. Keep detailed records of the defect and each repair attempt, and contact a California lemon law attorney to review your rights.
Act Quickly If You Suspect a Safety Defect
Time is critical when dealing with a safety defect. Delaying repairs can increase the risk to you and others and give the manufacturer an opening to downplay the problem. If you believe your car’s defect poses a danger, arrange for repairs right away and reach out to us to discuss your rights under California’s lemon law.
Whether your vehicle’s issue is safety-related or not, The Lemon Firm can guide you through the process and fight for the resolution you deserve. Call us today for a free consultation and let us help you get back on the road with confidence.