Product Defects & Lemon Law

Consumer Litigation

California Product Defect & Lemon Law

California’s consumer protection laws are among the strongest in the nation when it comes to defective products and vehicles that fail to live up to their warranties. At The Law Offices of Farris Ain, we represent consumers who have been sold products that do not work as promised — from automobiles that spend more time in the repair shop than on the road, to household goods and electronics that fail dangerously. Our goal is to secure the full compensation our clients are entitled to under the law.

The Song-Beverly Consumer Warranty Act

The Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§ 1790–1795.8) is California’s primary lemon law and warranty protection statute. Often called the “Lemon Law,” it applies far more broadly than most people realize — covering not just new cars but also used vehicles, electronics, appliances, and virtually any consumer good sold with a warranty.

Under Song-Beverly, if a manufacturer or its authorized repair facility cannot fix a defect after a reasonable number of repair attempts, the manufacturer must either replace the product or refund the purchase price, minus a reasonable use allowance. The statute provides powerful incentives for compliance:

• Full refund or replacement: The consumer may choose between a replacement product or a full refund of the purchase price, including taxes, fees, and incidental costs
• Civil penalty up to 2x actual damages: If the manufacturer’s failure to comply was willful, the court may award a civil penalty of up to two times the actual damages
• Attorney’s fees: Prevailing consumers are entitled to recover their reasonable attorney’s fees and costs, making it economically feasible to pursue even moderate-value claims
• Incidental and consequential damages: Including towing charges, rental car costs, and other expenses caused by the defect

What Qualifies as a “Lemon”?

A product qualifies as a lemon under California law when it has a substantial defect that the manufacturer or its authorized repair facilities have been unable to fix after a reasonable number of attempts. For new vehicles, under the Tanner Consumer Protection Act (Civ. Code § 1793.22), a rebuttable presumption arises — within the first 18 months or 18,000 miles, whichever comes first — when:

• The same defect has been subject to two or more repair attempts if the defect could cause death or serious bodily injury
• The same defect has been subject to four or more repair attempts for other substantial defects
• The vehicle has been out of service for 30 or more cumulative days due to warranty repairs

Importantly, the defect must substantially impair the use, value, or safety of the product. Cosmetic imperfections or minor annoyances typically do not qualify unless they affect the product’s value or the consumer’s ability to use it as intended.

Express vs. Implied Warranties

California law recognizes two types of warranties that protect consumers:

Express Warranties

An express warranty is any written or oral promise by the manufacturer or seller regarding the quality, condition, or performance of a product. The manufacturer’s standard warranty that comes with a new car is the most common example, but express warranties can also arise from advertising claims, product descriptions, and representations made during the sales process.

Implied Warranty of Merchantability

Even without a written warranty, California law imposes an implied warranty of merchantability on every sale of consumer goods. This warranty guarantees that the product is fit for its ordinary purpose — that a car will drive safely, that a refrigerator will keep food cold, that a phone will make calls. The implied warranty cannot be disclaimed when goods are sold with an express warranty, and it extends for the duration of the express warranty (or one year, whichever is longer).

Used Vehicle Protections

California’s lemon law protections extend to used vehicles purchased from a licensed dealer with a warranty. Under Civil Code § 1795.5, a used car sold with either a manufacturer’s warranty still in effect or a dealer warranty is covered by the Song-Beverly Act. This means used car buyers have the same right to a refund or replacement if the vehicle has a substantial defect that cannot be repaired after a reasonable number of attempts.

The Magnuson-Moss Warranty Act

The Magnuson-Moss Warranty Act (15 U.S.C. §§ 2301–2312) is the federal warranty protection law. It supplements California’s state-law protections and provides additional remedies for consumers, including:

• Prohibiting manufacturers from conditioning warranty coverage on the use of the manufacturer’s own branded parts or service centers
• Requiring clear and conspicuous disclosure of warranty terms
• Providing a federal cause of action for breach of warranty with attorney’s fees for prevailing consumers
• Allowing consumers to bring class actions in federal court for widespread warranty violations

Product Safety and CPSC Recalls

The Consumer Product Safety Commission (CPSC) oversees the safety of consumer products in the United States. When a product is found to present an unreasonable risk of injury, the CPSC can order a mandatory recall requiring the manufacturer to repair, replace, or refund the product. A CPSC recall can serve as powerful evidence in a product liability case, demonstrating that the manufacturer knew or should have known about the defect.

Manufacturers that fail to report known defects to the CPSC, or that continue selling recalled products, face substantial civil and criminal penalties — and heightened exposure to private lawsuits.

Statute of Limitations

Claims for breach of warranty under California law must generally be filed within four years of the date the breach occurred (Cal. Com. Code § 2725). However, the timeline can vary depending on the nature of the claim. Personal injury claims arising from a defective product are subject to a two-year statute of limitations. Acting promptly is essential to preserve your rights.

“When a manufacturer sells you a defective product and refuses to make it right, the law provides real consequences — including penalties of up to double your actual damages. We make sure those protections are enforced.”