Auto Product Liability Law Versus Lemon LawThe auto product liability attorneys at Bisnar Chase handle serious injury cases that stem from auto accidents that are caused by dangerous or defective products. We do not handle cases that pertain to defective vehicles that did not result in an injury accident. When a person is injured in a car accident caused by a dangerous or defective auto, he or she has the right to file a product liability claim against the automaker and/or the manufacturer of the defective product. If you have a vehicle in your possession that has a serious safety defect such as brake failure, we recommend that you contact your dealer and/or manufacturer right away to get the necessary repairs done.
Examples of Auto Product Defects
Here are some examples of auto defects that can result in catastrophic injuries or fatalities:
- Seatbelt defects
- Tire defects
- Defective auto glass
- Airbag defects
- Seatback defects
- Roof crush
- Child safety seat defects
- Poor design that causes rollovers
- Gas tank explosions
- Accelerator defects (sudden or unintended acceleration)
Injuries Caused by Auto Defects
Auto defects can result in serious or catastrophic injuries or even death. Defective auto products can cause injuries including:
- Traumatic brain injuries
- Head trauma
- Spinal cord damage (quadriplegia, paraplegia, paralysis)
- Broken bones
- Neck and back injuries
- Internal organ damage
- Burn injuries
California's Lemon Law
California's lemon law is designed to protect consumers who discover a serious flaw in a vehicle they have purchased or leased, which cannot be repaired. The lemon law applies to any problem, which "substantially impairs, the use, value or safety" of a car covered by a manufacturer's new vehicle warranty. The catch is that the problem must be discovered within 18 months or 18,000 miles of purchase or lease. Even if you purchased a used car, the law applies to the vehicle if the original warranty is still in effect.
If the manufacturer cannot fix the problem, they must replace your car with a new one that is "substantially identical" or refund your money. It is your choice. The manufacturer can charge you for the mileage you have put on the flawed vehicle. Manufacturers are allowed a "reasonable" number of repair attempts before a car is branded as a lemon. Typically, the law states that the manufacturer has four attempts to repair the vehicle. However, if your vehicle has potentially dangerous defects such as faulty brakes, then, they get only two attempts. Also, if your vehicle has been in the shop for more than 30 days and is still not fixed, you are entitled to a replacement vehicle or a refund.
In order to settle Lemon Law disputes, many manufacturers participate in the state-certified arbitration program. If you go to arbitration, you could either accept or reject the arbitrator's decision. If you reject it, you can still take your case to court. You could either represent yourself in these types of cases or you could choose to retain the services of an experienced California Lemon Law attorney who will help you prove your case and help you obtain the compensation you rightfully deserve. We do not handle Lemon Law cases.
How Bisnar Chase Can Help You
Our law firm helps victims who have been injured as a result of a defective vehicle. We examine the circumstances of the incident based on the police report, eyewitness accounts and physical evidence. If you have been injured in a car accident, it is important to preserve the vehicle because it is the most important piece of evidence in an auto accident case or an auto product liability case. We have access to nationally renowned experts who will examine the vehicle for evidence of defects, malfunctions and design flaws. We examine a vehicle for its crashworthiness or its ability to protect its occupants in the event of a crash.
We help injured victims obtain compensation for damages including medical expenses, lost wages, hospitalization, rehabilitation, pain and suffering and emotional distress. We have represented injured clients against large automakers. We fight for the rights of those consumers who bought a poorly manufactured or poorly designed vehicle and paid a horrible price for it. We are passionate in our pursuit for justice when it comes to these injured victims and their families. We find automakers' practice of putting profits before people's lives simply unacceptable. If you or a loved one has been seriously injured as the result of a defective auto or faulty auto part, please contact us at 1-800-561-4887 for a free consultation and comprehensive case evaluation.
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