Motor vehicle defects are common in the United States, prompting safety
recalls, personal injury claims, wrongful death lawsuits and here in California –
Lemon Law claims. But what about motorcycles? Can defective motorcycles be subject
to Lemon Law claims?
Like defective automobiles, motorcycle defects are a common occurrence;
someone can just as easily buy a motorcycle, take it home and discover
that it has problems. If after trying to get the issue fixed under the
manufacturer’s warranty, it does not resolve, the owner finds himself
or herself wondering, “Can the Lemon Law apply to my motorcycle?”
California’s Lemon Law Applies to Motorcycles
California’s Lemon Law does apply to motorcycles sold with a warranty;
it is not limited to motor vehicles. “Does the Lemon Law only apply
to motorcycles that are purchased?” The Lemon Law applies to motorcycles
that have been
leased and purchased.
So, how can the Lemon Law help riders who have a defective motorcycle that
is not responding to repairs? Under the law, if the manufacturer of the
motorcycle is unable to repair the bike after a “reasonable number
of attempts,” and the defect is substantial, the manufacturer is
required to: 1) replace the defective motorcycle, or 2) return the motorcycle
owner’s money.
“What if the manufacturer refuses to replace or refund my money for
the lemon?” In that case, you, the consumer, have the right to file
a civil action against the manufacturer in court. When consumers win such
cases, manufacturers are not only required to provide the consumer with
a replacement or refund, they are required to pay the consumer’s
expenses, including their attorney fees.
Do you have a motorcycle that is not responding to repairs? You do not
have to contend with this problem alone.
Contact Norman Taylor & Associates to meet with our
California Lemon Law attorney for free.