Safety system defects are the strongest category of California Lemon Law claims because they almost always trigger the two-attempt safety presumption under Civil Code § 1793.22. Qualifying defects include airbag malfunctions, advanced driver assistance system (ADAS) failures, lane-keeping and lane-centering issues, adaptive cruise control errors, automatic emergency braking (AEB) malfunctions, blind-spot monitoring failures, seatbelt defects, and stability control or traction control failures. Modern vehicles depend heavily on ADAS cameras, radars, and software; failures in these systems substantially impair safety and qualify under the Song-Beverly Act after just two repair attempts.
Common Qualifying Safety System Defects
- Airbag warning lights and SRS malfunctions. Airbag system errors that cannot be cleared.
- Failed airbag deployment. Documented in post-crash analysis.
- Phantom braking from AEB. Vehicle brakes unnecessarily; significant collision risk from following vehicles.
- Failed AEB activation. AEB does not engage when collision imminent.
- Lane-keeping interference. Lane-centering pulls vehicle into adjacent lanes or off road.
- Adaptive cruise control errors. Sudden acceleration, abrupt deceleration, failure to maintain set distance.
- Blind-spot monitoring failures. False positives, false negatives.
- Backup camera and parking sensor failures.
- Stability control (ESC/VSA/StabiliTrak) faults.
- Seatbelt pretensioner or buckle failures.
The Two-Attempt Safety Presumption
Under Civil Code § 1793.22(b)(2), the lemon presumption applies after two or more repair attempts when the defect is “likely to cause death or serious bodily injury.” Safety-system defects nearly always qualify because:
- Airbag system failure is the textbook example of likely-to-cause-injury
- ADAS errors can cause collisions, run-offs, and pedestrian strikes
- California courts read the “likely to cause” standard broadly
The result: a safety-system defect with two documented repair attempts often supports an immediate buyback demand, weeks or months faster than non-safety defects.
Notable Manufacturer Safety System Defect Patterns
- Tesla. Autopilot disengagements, phantom braking, lane-centering jerks.
- Honda Sensing. AEB false activations on Pilot, Odyssey, Accord.
- Subaru EyeSight. AEB and lane-keeping false activations.
- Toyota Pre-Collision System. Sensor failures, recalibration issues.
- Hyundai/Kia SmartSense. Lane-keeping pulling, AEB inconsistencies.
- Ford Co-Pilot360. Forward collision warning misfires.
- GM Super Cruise. Lane-centering disengagements, mapping errors.
Documentation Tips
- Save dashcam footage of phantom braking, lane-keeping interference, or AEB failures
- Photograph dashboard warning lights and infotainment safety alerts
- Use precise language on repair orders: “AEB activated at 65 mph on I-15 northbound with no obstacle present”
- Note specific scenarios (highway with overpass shadows, curves, lane markings, white vehicles ahead)
- File NHTSA complaints — adds to the pattern record and may surface during discovery
Free Case Review
Safety system defects often qualify after just two repair attempts. McMillan Law Group will evaluate your repair history at no cost. No fee unless we win.