Many readers will recall an article that I recently wrote for Association of Business Trial Lawyers San Diego that discusses the California Supreme Court decision in O’Neil v. Crane Co., in which the court held that a product manufacturer may not be held liable in strict liability or
Read more →The growing ubiquity of hybrid and electric cars on our roadways is a boon to technology companies and a benefit to the environment, but as National Highway Traffic Safety Administration alerts, these cars create noise that is insufficient at low speeds to warn unsuspecting pedestrians, bicyclists and
Read more →As Sean Kane at Safety Research chronicles, following a nearly decade long discovery battle in which Goodyear and its counsel stonewalled plaintiffs’ counsel in a product liability case, the Chief Justice of the United States District Court for the District of Arizona, Roslyn O. Silver, issued a
Read more →It stands for Technical Service Bulletin. A TSB is a manufacturer’s recommended procedure for repairing a problem that has affect many vehicles. It indicates that it is a common problem regardless of lemon law in California. “TSB” is usually followed by a series of numbers. For example,
Read more →It means that a jury can conclude that the consumer is entitled to a refund or replacement of the car and that it is up to the manufacturer to prove otherwise. The California lemon law rule for determining whether the presumption applies is stated as follows: If
Read more →In the context of car lemon law, it means that a manufacturer can pay less than what it would otherwise have to pay a consumer. It is a deduction based on the consumer’s use of the vehicle. We call this a “mileage offset.” In the example below
Read more →What are some good tips? Document. Document. Document. Keep good written records. It is really important that you keep copies of every repair order that you have been provided. If the dealer does not provide you a copy of the repair order, then ask for one. Never
Read more →Your new motor vehicle will be accompanied by a maintenance guide. The maintenance guide sets forth the manufacturer’s recommendation for how often the vehicle should be presented to a dealership for routine maintenance. This includes oil changes, fuel filters, air filters and fluids. Manufacturers frequently criticize consumers
Read more →