News - Tag Archives: products liability
Buying a vehicle is certainly a significant investment for many people. People take their time making the decision of which car to buy by narrowing down their choices and determining the pros and cons of a particular make and model. However, even with all of the planning in the world, sometimes people purchase cars of poor quality. If that happens, what does that mean for the seller?
In the State of West Virginia there is a law that protects people against purchasing “lemons,” or faulty cars. People should be able to buy with confidence and manufacturers should be held to a high standard. That is what the law sets out to accomplish. Nobody should be stuck with a vehicle that is not up to safety or warranty standards. For that reason, the law is on your side.
The Lemon Law Breakdown
The lemon law basically indicates that manufacturers must hold to the warranties on their vehicles. If a car is sold that does not meet those standards, then the manufacturer is given a certain amount of time to remedy the issue, or they must replace the vehicle or give the buyer a full refund. This ensures that people are not stuck with paying for a car that they can not safely drive.
What is a Lemon in West Virginia
There is a set criterion that must be met to classify a vehicle as a lemon. To put it simply, a lemon is a brand new car that has one or more of a number of issues that are protected by the warranty. The vehicle must have defects that make it unsafe to drive, lowers the market value considerably, and makes it impossible to operate normally. There is one repair opportunity for issues that could result in death or serious injury and three repair opportunities for all other issues. At that point, the vehicle must be replaced or the buyer should receive a full refund. The manufacturer, agent, or dealer may be responsible for the replacement. This standard is put into place so that manufacturers are not given the opportunity to prolong repairs or avoid making repairs altogether.
What You May Be Awarded
Potential outcomes in court will vary case by case. The outcome will include various factors that will be unique to each case. However, if you are involved in a lemon lawsuit then you could be awarded the following:
- Cost of damages
- Cost of repairs
- Full or partial value of the vehicle
- Pain and suffering
- Attorney fees
Lemon Law Defense Attorney
If you are located in West Virginia and believe that you have a lemon on your hands, reach out to the professionals. Hendrickson and Long are defense attorneys located in Charleston, West Virginia. Allow their experience and knowledge to work for you. Your safety should never be compromised. Attorneys Hendrickson and Long are there to help. Contact them today for a consultation about your case.