Imagine this scenario: One day, your car is running better than ever, and the next, you’re stranded on the side of the road, waiting for roadside assistance. When you finally get your vehicle to the shop, you find out that a vital part of the engine is malfunctioning – again. You suspect a manufacturer defect is the culprit, but you’re worried because you haven’t kept up with the recommended maintenance schedule. What should you do?

Find out the differences between manufacturer defects and owner negligence here.

 

What Is a Manufacturer Defect?

Manufacturer defects are flaws that come with the vehicle instead of issues that stem from normal wear-and-tear or owner negligence. These defects can range from minor annoyances, like a faulty radio, to more serious safety concerns, including but not limited to:

• Defective brakes
• Transmission problems
• Airbags that fail to deploy 
• Seat belts that don’t lock properly
• Poorly manufactured tires 
• Ignition switch issues

Manufacturer defects can result from common shop mistakes, such as using the wrong materials, installing circuit boards and wires incorrectly, making welding errors, or placing fluids in the wrong areas. Any of these flaws could lead to expensive repairs, the need for replacement parts, and safety risks for drivers and passengers.

 

What Is Owner Negligence?

Unlike manufacturer defects, owner negligence refers to the vehicle owner’s failure to properly maintain or care for their car. Common examples of negligent ownership include:

• Failing to bring the car in when the check engine light is on. 
• Neglecting to schedule regular maintenance and serving. 
• Delaying the replacement of worn-out tires.

When owners don’t uphold their end of the bargain, dealerships may try to argue that any resulting problems are the owner’s responsibility, not the manufacturers. This can be tricky because some dealerships might try to blame owner negligence to avoid honoring warranties or fixing actual manufacturing defects.

 

Does a Manufacturing Defect Make My Car a Lemon?

Many cars with manufacturing defects do qualify as lemons under California’s lemon law, but specific criteria must be met. First and foremost, the vehicle must be under warranty, and the manufacturer or an authorized dealer must have made a reasonable number of repair attempts to fix the issue.

If the vehicle can’t be repaired after several attempts or has been in the shop for 30 days or more, the owner may be able to invoke the lemon law and seek a refund or replacement. The law also considers the severity of the defect and its impact on the vehicle’s safety and value.

Sometimes, a manufacturer will issue a recall for a defective part. When this happens, owners are usually notified and can take their cars to an authorized dealership to replace the part for free, resolving the issue without needing a lemon law claim.

 

Need a California Lemon Law Attorney?

If you think your 2019 or newer vehicle is a lemon, call 818-244-3905 or contact Norman Taylor & Associates today for a FREE consultation. We’ll review your case, determine if the manufacturer defect is to blame and guide you through the lemon law process to ensure you get the compensation or replacement you deserve.

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