| Home | Contact Us | About Us |

Chapter 8: How Can I Tell If My Vehicle Is a Lemon? What Is Substantial Impairment? Most lemon laws also limit the definition of a lemon to a vehicle in which the defective condition substantially impairs its use, value, or safety. In many states, whether impairment is substantial is determined from the point of view of the consumer, not the manufacturer. This suggests a subjective standard, from the point of view of the particular consumer in each case. However, there is a wide variation of interpretation from state to state. Impair: to cause to diminish, as in strength, value, or quality. To damage or make worse by or as if by diminishing. Certainly defects that prevent the vehicle from starting, stopping, turning, or otherwise operating properly should be substantial impairment. Defects in important components, like the air conditioning system, or even significant paint defects that require repainting the entire vehicle might be substantial impairment. Whether a defect is a substantial impairment is ultimately a decision for a judge or jury. How the consumer feels about his or her experiences with the vehicle may assist a jury in determining whether the vehicle is a lemon. If you have a new vehicle that doesn’t work as promised, it can certainly leave a bitter taste in your mouth. Defects in the following areas often constitute substantial impairment, depending on the nature of the defect: • Engine • Transmission • Brakes • Powertrain items • Fuel system • Emission Control System • Seat belts

Share |

Home | About | Contact | Feed Back| Site Map © 2009, LemonLawNewyork.info