Lemon Law Presumption: How Does It Apply?
When there is a legal lemon law presumption, it means there is a rule that allows the court to assume facts are true based on the available evidence.
For there to be a legal presumption, it must be based on facts combined with logic. The law and the rights of an individual are also considered. When a presumption is established, the defending party is allowed to rebut or disprove the presumption.
What Is Lemon Law Presumption?
Lemon laws are different in each state. The California lemon law presumption is that if a vehicle meets certain criteria within the first 18 months or 18,000 miles after its purchase or lease, it is presumed to be a lemon.
The criteria the vehicle must meet Lemon law California:
- The vehicle has been repaired a minimum of four times for the same non-substantial defect; or
- The vehicle cannot be used for a total of more than 30 days for any combination of defects; or
- The vehicle has a serious safety defect that may cause Injury or death, and the vehicle has been fixed at least twice for this defect.
A lemon law attorney in Los Angeles will explain that if you can meet any of the three situations, the vehicle is presumed to be a lemon. The judge instructs the jury that you have met the burden of proof that the manufacturer had a reasonable number of attempts to repair the vehicle.
Once this occurs, the burden of proof switches from you to the defending party, typically the manufacturer.
How Does the Lemon Law Presumption Apply?
California lemon law is in place to provide you legal rights to resolve problems that happen with your vehicle while in the warranty period. Generally, the vehicle warranty is longer than the presumptive period.
If your vehicle has had a substantial number of repairs for the same defect while under warranty, most likely, you have a valid lemon law case. However, keep in mind that just because your vehicle does not fit into the presumptive criteria does not mean you do not have a valid lemon law claim.
Lemon law attorneys Los Angeles can help you determine if you have a valid lemon case. You could be entitled to cash compensation, a refund, or a replacement if you do. But, unfortunately, the facts of a lemon law cause do not always fit into the presumptive category.
Establishing Your Legal Claim With a Lemon Law Attorney Los Angeles
California lemon law is complex, with a lot of nuances. As a result, you must reach out to experienced and knowledgeable lemon law attorneys to discuss your situation.
The Kaloustian Law Group are experienced lemon law attorneys who can study the repair and maintenance history of your vehicle to determine if you have a valid lemon law claim.
Even if your vehicle doesn’t mean the lemon law presumptive, you could still have a valid lemon law case. You have rights when your vehicle is a lemon. When your vehicle has had multiple repairs while under manufacturer warranty, let the experienced lemon law lawyers help you.
The lemon law does require the manufacturer to pay attorney fees and other costs if your claim is proven to be true, so there is no reason to delay. It does not matter if you purchased or leased your vehicle. Call us today if you have experienced numerous problems while the vehicle is under warranty.
We are a well-established law firm committed to representing clients throughout California. Our dedicated team works tirelessly to ensure you receive the compensation you deserve.
We want to provide legal counsel and support so you understand your rights and choices. In addition, we provide you with information so you can make the best decisions.
Remember that the law states that manufacturers have to pay for your legal fees if you win the case. This allows you to fight for your rights without worrying about any legal fees you might face. Contact us today for a free case evaluation.
