What Is the Difference Between Lemon Law and Product Liability in CA?

Both lemon laws and product liability laws are designed to protect consumers. That doesn’t mean there is no difference between the two, though.

While both deal with defective products, they have different stipulations. At Ley del Limón Pro, many people ask us, “What is the difference between lemon law and product liability in CA?” There are several.

Lemon Laws Only Apply to Vehicles

Codified in Civil Code 1793.2, also referred to as the Song-Beverly Consumer Warranty Act, California’s lemon laws are designed specifically for vehicles. Until recently, they applied to both new and certain used vehicles, but a 2023 ruling by the California Supreme Court has held that lemon laws only apply to new cars and certain certified pre-owned vehicles.

Product liability laws are broader. They apply to all consumer products. En California, there are three main theories of product liability: 

1. Strict liability
2. Negligence
3. Breach of warranty

While it’s true that vehicles with persistent mechanical issues are covered under manufacturers’ warranties, the process for holding those manufacturers responsible is a little different from that used in general product liability cases.

Avenues of Recourse

If you have a defective product other than a vehicle, you can bring a claim in civil court. That’s rarely necessary in a lemon law case. Instead, a California abogado limón puede enter into mandatory arbitration on your behalf to resolve the matter. Your lawyer can argue that you should have your money refunded or the vehicle replaced.

Unlike other product liability cases, there are no non-economic damages, like pain and suffering. Nevertheless, if you are successful, you can obtain compensation for:

• Collateral charges and down payment
• Incidental damages, such as towing fees, rental car costs, and rideshare services
• Consequential damages, such as verifiable lost wages or business profits
• Civil penalties of up to two times your actual damages if the manufacturer willfully violated the law by not buying back or replacing your vehicle
• Attorney’s fees and costs

Who Pays the Bills?

In product liability cases, lawyers work on a contingency basis, meaning they take a percentage of your final settlement amount if they are successful. In cases involving defective vehicles, your California lemon lawyer’s fees can be paid by the auto manufacturer if your claim is successful. You won’t just get a free consultation. The entire legal process is free for you, and your lawyer handles all aspects of the case.

Contrate hoy mismo a un abogado especializado en la Ley del Limón

If you’re stuck with a defective vehicle, know that you’re not alone. Over 22,000 lemon law cases were filed throughout California in 2023, and roughly 10% of all the civil court filings in Los Angeles County pertained to lemon vehicles. Fortunately, you can hire a lemon law attorney to hold the manufacturer liable for selling you an unrepairable new or certified pre-owned vehicle.

The team here at Lemon Law Pro focuses their practice exclusively on handling lemon law claims in the Golden State. We work with clients throughout California to pursue the buybacks and other damages they deserve, handling everything from vehicle inspections to court appearances. We’re well-versed in the complexities of California lemon laws and can provide exceptional representation at no cost to you. Póngase en contacto con nosotros to schedule your free consultation today.