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SUBSTANTIAL IMPAIRMENT CRITERIA IN A LEMON LAW CASE

Products Liability: Substantial Impairment Criteria in a Lemon Law Case


Some things that the court will view as not being substantial to rise to the level of substantially impairing the use, value or safety of the vehicle would be a defect, for example, with maybe the paint job, a defect with the windshield wipers. Noise is, noise problems are, you -- typically is minor. When I say a noise problem it could be a noise coming from the sunroof that really you can’t hear, that is so minor that the judge when he drives the vehicle won’t hear it. Or it could be a problem with, let’s say, a window. You know, a window opening or closing. If there is an ongoing problem with that that typically would not rise to the level of substantially impairing or making the car unsafe.

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July 26, 2008
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