Lemon Law Claims for Faulty Airbags and Safety Systems | Premier Legal Center
Airbags, seatbelts and driver-assistance systems exist for one reason: to protect you. When they fail under warranty and the dealer can't fix them, California's lemon law treats that with the seriousness it deserves. This page explains how airbag and safety-system defects fit the Song-Beverly Consumer Warranty Act, and what to do if your vehicle has one.
Safety defects reach the presumption faster
California's lemon law covers a new vehicle with a warranty defect that substantially impairs its use, value or safety, when the manufacturer or its dealers can't fix it after a reasonable number of attempts. The law presumes that number is reached after four attempts for the same problem — but only two attempts for a defect that could cause death or serious injury. An airbag that may not deploy, a seatbelt that may not lock, or a braking system that acts on its own sit squarely in that two-repair category. The vehicle is also presumed a lemon when it has been out of service a cumulative 30 days for warranty repairs.
Common airbag and safety-system problems
- An airbag warning light that stays on after one or more repair visits
- An airbag, seatbelt pretensioner or airbag control module replaced more than once for the same fault
- A recall is open, but the replacement part is on backorder and the repair can't be scheduled
- Automatic emergency braking or lane-keep assist that activates with nothing in the road, or fails to work when it should
- Blind-spot monitoring, backup camera or parking sensors that fail repeatedly
A recall is not a repair
Recalls show how large these problems can get. Approximately 67 million Takata air bags have been recalled in the United States because long-term exposure to high heat and humidity can cause them to explode when deployed, causing serious injury or death — recalls NHTSA describes as the largest and most complex in U.S. history. A recall entitles you to a free repair, but it does not by itself fix your vehicle. Recalls of that scale are phased over years, parts are not always available right away, and a repair that doesn't cure the problem still counts as a failed attempt. If the manufacturer can't conform your vehicle to the warranty — recall or no recall — the lemon law's refund-or-replacement remedy can still apply.
What to do now
- Keep every repair order. Ask the dealer to write down the warning light, the fault code and what was done.
- Photograph warning lights with the date visible on the dash.
- Don't drive a vehicle under a "do not drive" warning. Ask the dealer for a loaner, or ask us about your options.
- Put the problem in writing to the manufacturer and keep proof of delivery.
- Check your deadlines early. Depending on the manufacturer, a lawsuit may need to be filed within one year after the express warranty expires and no more than six years after the vehicle was first delivered; other claims follow California's four-year limit for warranty actions.
What you can recover
If the manufacturer can't conform the vehicle after a reasonable number of attempts, it must promptly replace it or make restitution, at your election. Restitution may be reduced by an amount directly attributable to your use of the vehicle. A buyer who prevails also recovers attorneys' fees and costs, so the fee comes out of the recovery, not out of your pocket.
Talk to us about your vehicle
If an airbag or safety system on your vehicle has been in for repair twice and the problem isn't solved, the next step is a free case review. Call (619) 235-0137, email steve@premierlegalcenter.com, or book a free case evaluation online. We represent drivers across California, by phone and email, so you don't need to come into an office.
Not legal advice. This page is general information about California law; reading it does not create an attorney-client relationship.