Warranty Litigation

Sutter O'Connell provides defense representation for clients facing lemon law claims. Many states have legislation allowing vehicle owners to pursue a claim when a recently purchased vehicle is considered a "lemon" due to allegations of problems that are not repaired adequately by the manufacturer or authorized dealer. Our attorneys have handled lemon law claims throughout the United States and have an in-depth understanding of each state's statutory requirements and regulations.

Most state's laws require the plaintiff to show that the vehicle has some kind of defect or nonconformity that substantially limits its use, value, or safety. Manufacturer's warranty coverage for the condition affecting use is also a common requirement. Most states with lemon laws also prohibit recovery for nonconformities resulting from an accident or post-sale modification. Typically, there is a two-year or corresponding mileage limit to bring a claim against a manufacturer or dealer, but this may vary from state to state. We have a keen eye for failure to comply with these statutory standards, often eliminating a claim before costly litigation ensues.

For a lemon law claim to be considered, most states require the vehicle owner to attempt to fix the problem, in some cases at least three times. Typically, the car must be new or, if used, still under the manufacturer's warranty to be eligible. Some states do not allow lemon law litigation for smaller vehicles, like motorcycles, or larger vehicles over a designated weight. These restrictions, along with a plaintiff's failure to provide adequate notice to your company of the problem prior to initiating litigation, are other ways we can help you avoid unnecessary expenses and seek swift resolution.

We understand the importance of maintaining smooth operations and how a costly lawsuit can have a dramatic impact on your business. Successfully defending against lemon law claims requires prudent preparation, attention to detail, and a thorough understanding of the applicable laws and the complexities of litigation. At Sutter O'Connell, we regularly consult with auto experts and are prepared to independently evaluate your case and determine an optimal course of action. We always provide innovative, cost-effective legal services to serve our clients' best interests.

Seek Experienced Legal Representation

If your company has been sued under state lemon law and you need an attorney with lemon law expertise to defend your business interests, contact Sutter O'Connell for a consultation.