The Song-Beverly Consumer Warranty Act, also known as the Lemon Law, is the law that is designed to enforce the manufacturer’s promise to you. If the problem(s) substantially impairs the use, value or safety of the product, then the manufacturer is obligated by law to repair it within a reasonable number of repair attempts. If the manufacturer is unable to do so, or refuses to do so, then the law requires the manufacturer to return to you all monies you have paid for the product including, down payment, monthly payments, registration, insurance and out-of-pocket expenses. It’s that simple.

Most express warranties for new motor vehicles are for a period of three years or 36,000 miles, whichever occurs first. If a problem with the motor vehicle occurs within the express warranty, the lemon law may still apply even though the express warranty has since expired. Each case is different and so it’s important to have your particular circumstances evaluated by a lawyer.

Let the Scott Law Group P.C. help you.

In some cases, a person suing in a personal injury action is entitled to the benefit of a res ipsa loquitur [instruction] when: ‘the accident is of such a nature that it can be said, in the light of past experience, that it probably was the result of negligence by someone and that the defendant is probably the person who is responsible.’”  Rimmele v. Northridge Hospital Foundation (1975) 46 Cal.App.3d 123, 129, internal citations omitted.

A person’s negligence may combine with another factor to cause harm if the defendant’s negligence was a substantial factor in causing plaintiff’s harm.  Id.  A defendant cannot avoid responsibility just because some other person, condition, or event was also a substantial factor in causing the plaintiff’s harm.

For over a decade, Attorney Scott represented Fortune 500 companies, national and foreign car manufactures, golf car manufactures, sporting goods manufactures, theme parks, businesses and individuals against negligence claims:

These types of cases can be very challenging and demand a knowledgeable, skilled and insightful attorney.  Mr. Scott leverages his unique past experience representing car manufacturers, Fortune 500 companies, theme parks and others to give his clients an advantage in the courtroom.

If you or someone you know has been seriously injured, give the Scott Law Group P.C. a call now.

• The plaintiff claims that he/she was harmed by a product distributed, manufactured or sold by the defendant that either:
  • contained a manufacturing defect; or
  • defectively designed; or
  • did not include sufficient instructions or warning of potential safety hazards.

• A product contains a manufacturing defect if the product differs from the manufacturer’s design or specifications or from other typical units of the same product line.  CACI 1202.

• A product contains a design defect if the product’s design did not perform as safely as an ordinary consumer would have expected it to perform; or that the benefits of the design outweigh the risks of the design.  CACI 1203, 1204.

• A product can be defective if it presents a potential risk that ordinary consumers would not have recognized, the manufacturer failed to provide an adequate warning and the lack of sufficient warnings was a substantial factor in causing plaintiff’s harm.  CACI 1205.  This means that “Even though the product is flawlessly designed and manufactured, it may be found defective within the general strict liability rule and its manufacturer or supplier held strictly liable because of the failure to provide an adequate warning”.  Persons v. Salomon North America, Inc. (1990) 217 Cal.App.3d 168, 174.

For over a decade, Attorney Scott represented Fortune 500 companies, national and foreign car manufacturers, golf car manufacturers, sporting goods manufacturers and theme parks against products liability and personal injury matters involving severe catastrophic injuries, wrongful death and permanently disabling injuries:

These types of cases are extremely challenging and involve intricately complex issues that demand a knowledgeable, skilled and insightful attorney.  Attorney Scott leverages his unique past experience representing car manufacturers, Fortune 500 companies, theme parks and others to give his clients an advantage in the courtroom.

If you or someone you know has been seriously injured, give the Scott Law Group P.C. a call now.

Whether you have been harmed because you were struck by a car, injured by a tool, bitten by a dog, slipped and fell, wrongfully terminated, or harmed by other means, you might be entitled to monetary compensation under the law. We call this civil litigation. If your harm (injury) is because someone did something wrong, then you may have a negligence case against them. We call this negligence. On the other hand, if your harm is the result of a defective product, for example, a toaster, car, tool, coffee maker, machine press, hairdryer, then you may have a products claim against the manufacturer, seller or distributor of that product. This is true regardless of if the toaster burned your home down, or the machine press caused you to lose a limb. This is product liability. If the manufacturer of your car is unable to repair it, then you may be entitled to have it replaced, refunded or to receive other compensation. We call this the lemon law. As civil litigators, we pursue monetary compensation on behalf of our clients.

Whether you have a negligence claim, products liability claim or lemon law claim, you need an attorney who is skillfully trained on how to develop the evidence, create the arguments and present those arguments to a jury convincingly such that you win at trial. It is equally important that a jury can connect with your attorney in such a way that the jury truly understands what you have been through and why you should be compensated. This is where we excel. Attorney Scott has a presence in the courtroom that is equalled by few, he connects well with others and he has the knowledge, training and judgment that is necessary to present a strong case at trial. Courts recognize him for his professionalism, diligence and dedication to his clients. Opponents respect him for his talents. You would be proud to have him as your attorney.

So, if you or someone you know has been injured or if you own or lease a lemon, then we might be able to help you. Please give us a call.

Did you know? – If your vehicle is a lemon, I can force the manufacturer to buy-back your vehicle with a refund of all…

• Lemon Law
• All past monthly payments, including down payment
• Repair costs
• Towing costs
• Out-of-pocket expenses

Consumers often want to know how to determine whether they have a lemon law claim. The short answer to that question is, it’s complicated.

I have years of relevant training and experience that allow me to make that determination. Rather than have you try to figure it out for yourself, give me a call and lets talk it through. I want to hear your story. More importantly, I want to help you. If I can, I will. Allow me that opportunity.

I have a few specific words of caution. Do not get hung up on the “30-day,” “2 or more times,” “4 or more times,” “safety,” “18 month,” and “18,000 mile” rules. These are rules that provide very broad guidelines, and there are countless exceptions to them. Not a single one of these rules has to apply to your car in order for it to qualify as a lemon. Even used cars can qualify under the lemon law.

If your car, for some reason, does not qualify under the lemon law, there may be something about the sale of the car that was fraudulent. I have the training and experience to spot fraud as well.

How Do I know if I have a new/used car fraud claim?
If you believe that you have been a victim of fraud, then give Scott Law Group P.C. a call. Car fraud comes in all sorts of forms. Ask yourself the following:

• Did you purchase a used car that was a prior lemon disclosed or not?
• Did you purchase a used car that has undisclosed repairs/accident?
• Did you purchase a used car that is an undisclosed prior rental?
• Did you purchase a used car with an incorrect odometer reading?
• Did the financing terms change after you took the car home?
• Did you buy a defective “certified pre-owned” car?
• Did the dealer fail to register the car?

If you answered yes to any of the above questions, then give me a call as I might be able to assist you. Even if you purchased a used car “as-is,” I may be able to help you. Fraud cases involving used vehicles are difficult cases to prosecute. I have the experience and resources that are necessary to successfully prosecute these types of cases.

If you think that you purchased/leased a lemon, or are a victim of fraud, please give me a call. I will evaluate your case at no charge to you.