A legal presumption is defined as a rule of law that permits a court to assume a fact is true based on the available evidence.
These are based in fact and paired with laws, logic, reasoning, and individual rights; once a presumption has been established, the defendant may attempt to disprove it.
Lemon Law Presumption For California
As it applies to lemon laws, this presumption varies from state to state. In California, lemon law presumption assumes that a vehicle is a lemon if, within the first 18 months or 18,000 miles of purchase/lease, any of the following occur:
• The vehicle requires repair at least twice for serious safety defect(s) that could cause severe bodily injury or death
• The vehicle requires repair at least four times for the same safety defect
• The vehicle is out of service for a total of over 30 days for any defect(s)
If the consumer can demonstrate any of the 3 scenarios presented above, then the vehicle is presumed to be a lemon in the state of California. A judge will tell the jury that this individual has fulfilled his burden of proving that the manufacturer had a sufficient number of attempts to repair the lemon. The burden is then shifted to the defending party to prove otherwise.
Lemon Law Claim Is Invalid!
Just because your vehicle does not fit the presumption does NOT mean that your lemon law claim is invalid! Often, consumers rely on false information and discount their own lemon law claims.
This acts as a large impediment to many who believe they do not have a valid lemon law claim. Despite correspondence with the presumption, you may still be entitled to receive a refund, replacement, or cash compensation.
Lemon Laws Provide Legal Rights
Lemon laws provide consumers with legal rights and solutions for issues occurring during their warranty period. Warranty periods are generally longer than presumption periods; therefore, if your vehicle has gone through several repairs for an issue under the manufacturer’s warranty, then you likely have a valid lemon law claim.
The inherent complexity of these claims makes it vital to contact an expert lemon law attorney for your situation.
They will be able to analyze the history of your vehicle and determine the validity of your claim.
If believe that you have a valid lemon law claim, there is no reason to delay.
Contact an experienced lemon law attorney today.