Lemon Law Attorneys

The basis of liability in lemon law claims is similar to the standard of responsibility provided by product liability acts. Proof of a defective automobile design is not required. Liability may be based upon a unreasonably low automobile quality, as delivered, which necessitates excessive repairs.

This theory of liability is mirrored in product claims based upon an implied warranty of fitness for a particular purpose. In applying this standard, lemon law attorneys ordinarily must prove that repairs were necessary, unreasonably frequent, and not caused by  the owner's neglect.

Settling Without A Lemon Law Attorney

The original purchase price of the automobile and the amount of repairs determine if the claim will support the cost of litigation and fees charged by lemon law attorneys. When amounts involved are small, defense attorneys normally discount settlement offers because the risk of trial is minimal. In small claims, a desire to avoid adverse publicity may be the motivating factor behind settlement offers made by dealers.

Owners who file small claim complaints with state and federal consumer protection agencies usually require greater attention, and as a direct result, frequently receive more favorable settlement offers. Agencies may also inquire on behalf of consumers, and dealers tend to settle claims rather than disclose negative business practices.