With the volumes of information available about the lemon law and materially defective car parts, it is not surprising that consumers would question the overall safety of their vehicle. It is important for consumers to be proactive when purchasing or leasing a vehicle. Consumers should fully inspect the vehicle for performance issues and structural damage as well as inspecting the individual car parts that contribute to how the vehicle will function overall. Materially defective car parts, should they malfunction or fail completely, could cause devastating accidents.
When considering materially defective car parts, most consumers are immediately concerned with the effectiveness of the vehicle’s brake system and what could transpire if the system failed. While complete catastrophic brake failures are rare, it is possible that a deficiency could affect brake performance and contribute to an accident. When a consumer suspects that brake failure caused or contributed to their accident, it is imperative to seek the advice of a lemon law attorney and any other legal services that may be necessary depending on the severity of the accident. It is extremely difficult to prove that failed brakes were the exact cause of an accident, therefore, hiring an experienced lemon law attorney can mean the difference between a successful lawsuit and a lawsuit that provides no relief to the consumer.
More likely than a complete brake system failure is a defect or deficiency in the brake system that contributes to brake problems. The California Lemon Law provides relief to consumers who purchase or lease a vehicle that has materially defective car parts. Because a lemon law claim is essentially a breach of warranty lawsuit, any materially defective car parts must be covered under the vehicle’s express written warranty provided to the consumer at the time the vehicle was purchased or leased. The California Lemon Law does not cover defects caused by the misuse or abuse of the consumer, even if the car parts are covered under the warranty. Failing to properly maintain a vehicle’s car parts could be considered to be misuse or abuse and cause the consumer’s lemon law claim to be dismissed.
Most brake system problems can be avoided through proper vehicle maintenance. Car parts such as brake pads have a limited lifespan and should be inspected and replaced when worn down. Other common causes of brake system problems include failing to maintain mechanical components and failing to regularly check brake fluid. Any of these maintenance issues can lead to brake problems and a potentially dangerous situation. Moreover, any potential lemon law claim could be dismissed or unsuccessfully litigated due to the consumer’s failure to properly maintain their vehicle.