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Manufacturer Defect vs. Owner Negligence

  Norman Taylor & Associates
  April 20, 2020

One minute, your car is running better than ever; the next, you’re sitting on the shoulder waiting for roadside assistance. When you finally get your vehicle in the shop, you find out that a vital part of the engine is malfunctioning (again). At this point, you feel like a manufacturer defect is messing with your car, but you’re worried because you haven’t taken it in for regular maintenance.

What should you do?

Thankfully, Norman Taylor & Associates is here to discuss the overlap between manufacturer defects and owner negligence.

Manufacturer Defects

Manufacturer defects are defects that come with the vehicle as opposed to flaws that stem from normal vehicular wear-and-tear or owner negligence.

Manufacturer defects stem from common shop mistakes such as:

  • Using the wrong materials when constructing the vehicle;
  • Incorrectly installing circuit boards and wires;
  • Welding errors;
  • Putting car fluids in the wrong areas.

Anyone of these defects can cause a car malfunction, resulting in repair fees and costly replacement parts. While warranties should cover specific problems, some dealerships are quick to nullify warranties by arguing that owners acted negligently.

Owner Negligence

Some dealerships will argue that car troubles stem from owner negligence rather than manufacturer defects.

Common negligent ownership arguments include:

  • Failure to take a car in when the engine light is on;
  • Failure to schedule regular car maintenances;
  • Failure to buy new tires when needed.

Get an Attorney on Your Side

Most dealerships will argue anything they can to prevent past customers from using California’s lemon law. That’s why anyone facing regular car troubles should talk to a knowledgeable California lemon law attorney about his or her case.

An attorney can examine your car troubles to determine if a manufacturer defect is to blame for your headaches. Additionally, an attorney can argue that owner negligence played a noncritical role in the car’s problems.

Sick of dealing with your lemon? Call (888) 449-7639 now for a free consultation!

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


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