New York, 11-Sep-2019
‘Presumption’ means that the jury can rule in favor of the buyer of the lemon car and entitle him/ her to get a refund or a replacement from the manufacturers. Additionally, the onus is now on the manufacturer to prove otherwise.
As per the California Lemon Law New Car, the jury presumes a vehicle is a lemon if any of the three occur during the first 18 months or 18,000 miles after the purchase of the lemon car:
a. The car was sent for repairs atleast two times for a serious safety defect that threatens lives and general safety
b. The car is repaired atleast 4 times for a non-substantial safety issue
c. The car was out of the roads due to its presence at the repair workshop for more than 30 days for any type of defects
The responsibility shifts from the consumer to the manufacturer in such scenarios. All the consumer needs to do is prove that the car faced one of the 3 situations above. The jury will presume it to be a lemon, unless proved otherwise by the other party – i.e. the manufacturer. The underlying principle behind this shift is simple. An individual who buys the car has limited resources to get adequate compensation for the trouble he had to go through. Hence to protect his rights, the law of presumption will apply on the manufacturer.
To ensure that the manufacturers completes his end of the requirement correctly. It is advised to enlist the help of a competent lemon lawyer here in California.
About Allen Stewart, PC
Allen Stewart, PC offers reliable advice for winning lemon law claims against defective vehicle purchases made by its clients. The attorneys at Allen Stewart also offer expertise in other cases like Occupational / Environmental Leukemia, Bankruptcy, and Occupational / Environmental Sinonasal Cancer.
The Dallas based team of attorneys represent the claims of aggrieved people that have been harmed by the negligent or unscrupulous acts of established business houses. They seek to correct the injustice done to people and stand with the people who aren’t able to seek legal remedy against the big companies.
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