Does the Lemon Law Apply to an ATV?
All-Terrain Vehicles (ATVs) can be a blast and are a wonderful addition to vacations and to exploring the great outdoors. However, if you’ve purchased an ATV that began having mechanical or electrical problems after you started driving it, this can be a huge frustration. Most people know that California has a consumer-friendly lemon law that covers passenger cars and trucks, but some may wonder, “Does lemon law apply to an ATV?”
The answer can be complex. California lemon law does not specifically cover off-road vehicles like ATVs. But certain provisions of the state’s lemon law (Song-Beverly Consumer Warranty Act) do provide related protections for you against the manufacturer. One thing is for sure – California does not allow manufacturers to get away with selling defective products to consumers without facing consequences. In short, if your ATV is having problems, you may have a lemon and your ATV may quality under the California Lemon law.
Because the law is complex, it’s important to hire a skilled and experienced California lemon law attorney. At Neale & Fhima, we have helped clients file legal claims seeking financial compensation for ATV lemons. Don’t feel stuck with a defective ATV. Call us today at 888-407-2955 for a free consultation about your case. We’ll explain the law and explore your legal options.
Neale & Fhima has a 99% success rate with California Lemon Law cases. Our clients are extremely satisfied with our legal services and the successful outcomes we achieve.
What is the ATV lemon law?
California Lemon Law does provide protections ATVs and other off-road vehicles, provided that the vehicle was attempted to be repaired under warranty.
It is through this warranty provision that you may be able to sue to have your defective ATV replaced, the cost refunded, or some other kind of acceptable settlement provided.
If you were injured while driving or riding on an ATV, you also may have the option of filing a personal injury lawsuit claiming that your injuries were due to the negligence of the manufacturer, another driver, the park or recreation area in which you were hurt, or other defendants.
Again, because the law is complex related to ATVs that are lemons, you need a California Lemon Law attorney who knows what thier doing and can pursue compensation on your behalf. To talk to a skilled California Lemon Law attorney at Neale & Fhima, call us for a free consultation at 888-407-2955.
Available Remedies for an ATV Lemon
If your attorney can prove that your ATV is defective, you likely have two primary remedies:
- The manufacturer must refund the amount of money paid for the vehicle, including finance charges and fees. It may also be required to refund the cost of factory options, shipping, taxes, and other fees.
- The customer may have the option to receive a new, similarly equipped vehicle that is free of the defect that led to a legal claim. The manufacturer must pay the taxes and other fees in this situation.
If you were injured due to design or manufacturing flaws in your ATV, then you could be entitled to additional compensation through a personal injury lawsuit or product liability claim. ATV roll bars, tires, safety nets, engines, steering columns, safety belts and brakes can all be defective. There are ATV recalls periodically, acknowledging flawed manufacturing or design.
More than 2,400 deaths related to ATVs were reported in the United States for the four-year period from 2010 to 2013, according to data from the U.S. Consumer Product Safety Commission (CPSC). An estimated 430,000 ATV-related injuries were treated in emergency rooms during this same period.
Five states – including California – account for 25% of ATV deaths, says the CPSC. The other states include Texas, West Virginia, Pennsylvania and Kentucky. In addition to knowing the dangers of riding on paved surfaces, the CPSC says all riders should always follow the safety tips below when operating an off-road vehicle:
- Always wear a helmet and other protective gear, such as eye protection, boots, gloves, long pants and a long-sleeved shirt.
- Never ride with more passengers than there are seats. Most ATVs are designed for one rider.
- Get hands-on training from a qualified instructor.
- Riders younger than 16 should drive only age-appropriate youth model ATVs, never adult ATVs.
Contact an ATV Lemon Law Attorney Today
If you purchased a new ATV in hopes of some off-road fun only to discover that your ATV has mechanical, electrical or other defects, then you could have a legal remedy. Rather than getting frustrated, take action. California does not allow manufacturers to get off free and easy if they are producing defective consumer products. This is especially true if they are doing so knowingly and with blatant disregard for consumer safety.
A skilled California Lemon Law attorney may be able to help you get financial compensation or a replacement vehicle. By knowing the ins and outs of the law, attorneys at Neale & Fhima can make the law work in your favor. We have a 99% success rate with lemon law cases we handle on behalf of clients. Past clients are overwhelmingly pleased with our representation. To find out more about your legal remedies for a lemon ATV, call us at 888-407-2955. The initial consultation is free.