California Lemon Law Blog

Serving Los Angeles, Riverside, Ventura, and San Bernardino Counties and throughout California

August 08, 2013

As reported by The Los Angeles Times, Ford Motor Company has recently been fined 17.35 million dollars by the National Highway Traffic Safety Administration (NHTSA). According to safety regulators, the fine was levied for the company taking too long to recall vehicles.

California Auto Product Liability

Reports indicate that in July 2012, 423,634 model year 2001 through 2004 Ford Escape and Mazda Tribute vehicles with V-6 engines, were being recalled for sticking gas pedals. Unfortunately for Ford, however, it allegedly knew about the defect since May 2011 but waited more than one year to begin the recall.

The NHTSA deemed the time lag between May 2011 and July 2012 in violation of the National Traffic and Motor Vehicle Safety Act. Regardless, Ford has remarked that they have confidence in their defect and recall identification processes and paid the fine to avoid a lengthy court battle with the U.S. government.

The NHTSA reports that sticking gas pedals were linked to nine injuries and one fatality in various crashes.

Get in touch with Ventura consumer rights attorney Howard D. Silver to not only learn more about your legal options, but to receive the help that comes from years of success representing California consumers. Call the Law Offices of Howard D. Silver at (818) 597-2610 today for more information.

July 07, 2013

The National Highway Traffic Safety Administration (NHTSA) is recalling 45,961 2013 Dodge Ram 1500 4x4 trucks with electronic stability control (ESC) issues caused by a software problem. According to The Los Angeles Times, an error in the software can disable the ESC, causing decreased vehicle control and a higher likelihood of an accident. According to Chrysler, only four-wheel-drive models are affected by the problem. While the light displaying “ESC Off” may appear, manually turning it back on may not reactivate the system. Fortunately, not only was the problem discovered by Chrysler dealers, no related accidents have been reported by consumers. Additionally, 21,000 vehicles in Canada and 1,400 in Mexico are being recalled for the defect.

When the recall begins in August 2013, owners will be able to take their trucks to dealers, who will update the ESC module software without charge. More information about the recall, which is under Chrysler campaign number N37, can be found by calling the auto manufacturer at (800) 247-9753. Call consumer rights attorney Howard D. Silver at (818) 597-2610 to learn more about your rights as an owner of a defective vehicle under California’s lemon law. For more information about the Law Offices of Howard D. Silver, go to our LinkedIn page. Through the representation of attorney Silver, you can get the compensation you deserve for your lemon vehicle.

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July 07, 2013

As reported by the National Highway Traffic Safety Administration (NHTSA), on account of an airbag related problem, Hyundai Motor Company is recalling 5,200 2012-2013 Azera vehicles manufactured between May 22, 2012 and November 23, 2012.

Due to the defect, the occupant detection system for the airbags may be unable to tell if the person in the front passenger seat is an adult or child. As a result,, it could deploy with too much force for a child, or not enough force for an adult. In either case, the person meant to be protected by the airbag may be injured.

As part of the recall, Hyundai will be recalibrating airbag systems without charge to ensure proper inflation. Although the automaker has not set a date yet for work to begin, more information can be found by contacting Hyundai at (734) 337-9499 and inquiring about the recall designated as “Campaign 11.”

Whether it’s a defective airbag or another type of nonconformity, a vehicle that is subjected to repeated unsuccessful repair attempts or an excessive number of days at a repair shop may be a lemon. If you believe your vehicle is a lemon, call California lemon law attorney Howard D. Silver at (818) 597-2610 to find out how to get your money back or a new car.

July 07, 2013
After an initial refusal, Chrysler Group LLC is recalling 1.56 million cars to correct a problem that can lead to vehicle fires. In fact, as previously reported, the National Highway Traffic Safety Administration (NHTSA) contends 2.7 million Chrysler vehicles have a defect that can lead to gas tank explosions.
While Chrysler has agreed to recall some vehicles, it still contends that the automobiles in question are not defective. In fact, in letters sent to NHTSA, although the automaker said it would make the repair by installing trailer hitches on 1993 to 1998 Jeep Grand Cherokees and 2002 to 2007 Jeep Libertys, it still believes that trailer hitches would not reduce the risk of a high energy rear-end collision.
Chrysler has decided not to recall 1999 to 2004 Jeep Grand Cherokees despite allegations from NHTSA that they are defective.
According to NHTSA, Jeeps with fuel tanks mounted behind the rear axle, have a higher likelihood than other vehicles of catching fire after a rear-end collision.
Chrysler will begin the trailer-hitch installation process on recalled vehicles free of charge in July 2013. The company can be contacted at (800) 247-9753. NHTSA’s Jeep investigation is ongoing.
Contact the Law Offices of Howard D. Silver at (866) 49-LEMON to learn more about your rights if you own a lemon vehicle. If your car is still broken after multiple repairs or has been at the manufacturer’s authorized dealership an excessive number of days, you may be entitled to your money back or a new vehicle.
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June 06, 2013

According to an ABC News Report, General Motors (GM), in conjunction with the National Highway Traffic Safety Administration (NHTSA), is recalling 193,652 vehicles due to a circuit board corrosion problem that can endanger passengers.

Allegedly, fluid can leak into the driver door’s module, causing corrosion and leading to a short in the circuit board. If this happens, multiple outcomes are possible, including broken power window switches and power door locks, melting components, smoke, and fire.

Vehicles included in the recall include:

  • 2006 Chevrolet Trailblazer EXTs
  • 2006 GMC Envoy XLs
  • 2006-2007 Chevrolet Trailblazers
  • 2006-2007 GMC Envoys
  • 2006-2007 Buick Rainiers
  • 2006-2007 SAAB 9-7xs
  • 2006-2007 Isuzu Ascenders

Beginning July 24, 2013 at no cost to customers, GM dealers will be testing driver’s door modules. Properly functioning models will receive a protective coating. Malfunctioning ones will be replaced.

At the Law Offices of Howard D. Silver, you will find the skilled representation you need to deal with your lemon vehicle. Don’t wait. Call attorney Howard D. Silver at (855) 341-2611 to learn more about your rights as a consumer.

June 06, 2013

A two year investigation by federal safety regulators has resulted in a demand for Chrysler Group LLC to recall 2.7 million vehicles for defective fuel tanks that can supposedly explode after a rear-end crash. However, according to the The Los Angeles Times, Chrysler is refusing to recall the subject vehicles stating that the agency in charge of the recall, the National Highway Traffic Safety Administration (NHTSA), is wrong and the vehicles pose no threat.

NHTSA has concluded that fuel tanks on model year 1993 to 2004 Jeep Grand Cherokees and 2002 to 2007 Jeep Liberty SUVs are more likely to leak and cause a fire than those on other vehicles. The tanks are located behind the rear axle and are allegedly more susceptible to damage when the vehicle is rear-ended.

The study found that at least 51 people have died in the last two decades when their vehicles caught fire due to defective fuel tanks.

Should Chrysler continue to refuse to recall the vehicles, NHTSA may formally declare there is a defect in the Jeeps. If the automaker does not issue a recall after that, NHTSA can ask the Department of Justice to sue Chrysler and force a recall.

If you believe your vehicle is a lemon due to continuing defects that cannot be repaired, you do not have to wait for an automaker to issue a recall before getting your money back or a new car. With the help of attorney Howard D. Silver, you will be able to successfully navigate the California lemon law and get the relief you deserve. To learn more, call the Law Offices of Howard D. Silver at (866) 49-LEMON.

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May 05, 2013

The National Highway Traffic Safety Administration (NHTSA) and Forest River Recreational Vehicles have recalled 9,526 vehicles from the model year 2013 - 2014 due to a design defect in the power awning motor assembly that can cause the motor assembly screws to shear.

The shearing of the screws may occur without the knowledge of vehicle occupants. When this happens, the awning could unexpectedly unfurl while the vehicle is stopped or moving, which can cause injuries or a crash.

Forest River will be replacing the motors with a motor of a different design, although the start of the recall is not announced yet. Forest River can be contacted at (574) 389-4600 for more information on the recall.

If your RV qualifies as a lemon, you will need experienced legal representation. Contact lemon law attorney Howard D. Silver today by calling (855) 341-2611. Learning about your rights under the lemon law will help you make the right choices when it comes to your vehicle.

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May 05, 2013

For those living in Kentucky, dealing with a defective motor vehicle can affect all aspects of daily life. To deal with these problems, the state has its own lemon law found in Kentucky Revised Statutes 367.841 to 367.844. While these laws provide protection for consumers similar to other states, there are unique features that consumers need to understand.

To use the Kentucky lemon law, vehicles must be covered by a manufacturer’s express limited warranty, have a maximum of 12,000 miles on the odometer and be less than 1 year old (12 months from the time the buyer first took possession of the vehicle). Also, the vehicle must have a defect or nonconformity that affects the use, value or safety of the car.

Also, to invoke the lemon law in Kentucky, there must be at least 4 unsuccessful repair attempts at fixing the problem or the vehicle must be out of service for warranty repairs a minimum of 30 days.

When the vehicle meets the above criteria, the buyer has two options. First, he can replace the lemon car with a comparable vehicle. Second, he can get his money back (a refund of the full purchase price, including finance charge, sales tax, license fees, registration fee, and all collateral charges).

At the Law Offices of Howard D. Silver, you will find the experienced representation that you need to successfully navigate your claim. If your car is a lemon, contact Howard D. Silver by dialing (855) 341-2611 for quality legal representation.

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May 05, 2013

Chrysler Group LLC has recalled multiple vehicles produced over several years due to a problem with power trains and electrical systems. According to The Los Angeles Times, a total of 295,345 cars are being recalled across the United States after multiple accidents and injuries

2005 through 2010 Jeep Grand Cherokees and 2006 through 2010 Jeep Commanders are included in the recall caused by an electrical failure in the vehicles’ transfer cases that can cause the vehicles to shift into neutral. When this happens, a car could roll away after being parked or a driver could lose control while on the road. The transfer case is connected to the transmission via drive shafts connected to the front and rear axles.

Chrysler reported that it is currently aware of 26 accidents and two injuries that are related to the defects.

Free repairs from dealers will reprogram or reflash the final drive controller, which manages the transfer case. Additionally, new software will be installed to prevent future failures with the system.

Chrysler can be contacted at (800) 247-9753. The recall campaign number is N23.

If you have a vehicle that has undergone repeated repair attempts or has spent an extensive period of time at a repair shop for a defect, you may have rights under California’s lemon law. To learn more about your legal options, call Howard D. Silver today at (855) 341-2611.

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April 04, 2013

The Transportation Ministry of Japan recently warned Mitsubishi Motor Corp. that it must recall vehicles faster than in the past. As reported by The Chicago Tribune, Japanese government officials found multiple instances of delayed investigations and recalls concerning vehicle problems.

The Transportation Ministry concluded an investigation that found Mitsubishi delaying finding  the cause of an oil leak problem for two years. The defect eventually led to four recalls from 2010 through 2012,  affecting 1.76 million vehicles. Additionally, the ministry reported instances of not responding quickly enough to reports of problems from dealers and giving inappropriate explanations concerning recalls.

An official from Japan’s Transportation Ministry stated that Mitsubishi should “come up with plans for improvement, implement them, and report them to the ministry.”

The auto manufacturer has had problems concerning the speed of recalls and policies concerning vehicle complaints in the past. Recently, Mitsubishi has issued multiple recalls affecting plug-in hybrid cars and overheating of lithium-ion batteries.

Lemon law attorney Howard D. Silver has dedicated his career to helping consumers who have been affected by defective vehicles. The skills and resources gained from years of experience are applied to every client who comes to the Law Offices of Howard D. Silver. To learn more about your rights and potential legal options, call our office today at (866) 49-LEMON.

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April 04, 2013

The Law Offices of Howard D. Silver recently learned that Chrysler Group LLC is recalling more than 263,000 vehicles world wide.

The largest recall affects approximately 139,000 vehicles due to improper warning light illumination caused by defective seat-side wiring harness terminals. Also, during a crash, airbags may not deploy properly. 2011 and 2012 Chrysler 300 and Dodge Chargers are affected.119,497 cars are in the U.S., 7,000 are in Canada and 880 in Mexico. 11,000 are outside of North America.

The second recall is caused by a loose heat shield that could drop down, come in contact with the driveshaft and cause breakage. Affected vehicles include the 2007-2008 Dodge Nitro 4x2 and 2008 Jeep Liberty 4x2, for a total of 61,409 cars in the U.S. being recalled. An additional 16,000 vehicles outside the country are also affected. The defect could either cause the airbag computer to believe a crash has occurred and deploy airbags or cause the drive shaft to fail and in a loss of power.

The third recall affects 20,532 2012 Jeep Patriot and Compass SUVs sold in the U.S. due to incorrectly manufactured transfer tubes. This can cause an interruption in the transfer of fuel, leading to engine stalling and increasing the risk of a crash. An additional 10,000 cars from other countries are recalled.

Finally, 7,000 model year 2013 Ram pickup trucks still at dealers with engine covers that have poor heat resistance, 50 2013 Dodge Darts with parking brake defects, and  9,300 pickup trucks with parking brake issues have been recalled.

Chrysler can be contacted at (800) 247-9753 for further information on the recalls.

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April 04, 2013

Hyundai Motors and its affiliate Kia, have recalled more than 1.8 million vehicles due to problems with brake light switches and air bags, according to Fox Business.

186,254 Hyundai Elantra cars from model years 2011 through 2013 are being recalled due to a defect which could cause a bracket to come loose when the side curtain airbag is deployed.

A second recall has been issued due to malfunctions with stop-light switches, which could keep brakes from lighting up when the brake pedal is pressed, prevent the cruise control from being deactivated, cause problems with the push-button start, prevent shifting out of park, or illuminate the electronic stability control warning light. A total of 1,059,824 Hyundai cars and 623,658 Kia vehicles are being recalled for this defect.

Hyundai vehicles affected by the recall include:

  • Accent, 2009-2009
  • Tucson, 2007-2009
  • Elantra, 2007-2010
  • Santa Fe, 2007-2011
  • Veracruz, 2008-2009
  • Genesis 2010-2011
  • Sonata, 2011

Kia vehicles involved in the recall are:

  • Optima, 2011
  • Rondo, 2007-2010
  • Sedona, 2007
  • Sorento, 2007-2011
  • Soul, 2010-2011
  • Sportage, 2007-2010

The automakers will be replacing defective parts in both recalls via their dealers without charge to vehicle owners. To learn more, Kia can be contacted at (800) 333-4542. Hyundai can be reached at (800) 633-5151.

If defects have continued to affect your vehicle, it may qualify as a lemon. To learn more about your rights as a consumer, contact attorney Howard D. Silver today at (866) 49-LEMON.

March 03, 2013

Being aware of the varying lemon laws across all 50 states can come in handy for a consumer, no matter where they go. In Arkansas, the lemon law can be found under the “Arkansas New Motor Vehicle Quality Assurance Act.”

Like the majority of state laws, vehicles in Arkansas can qualify as a lemon if they meet any one of several different requirements. Specifically, if the vehicle is subjected to three repair attempts for the same nonconformity, or one attempt if the nonconformity could cause serious injury or death and the consumer has given the manufacturer one final opportunity to repair the vehicle, they can make a lemon law claim.

Additionally, if the manufacturer has not “conformed the motor vehicle to the warranty” through repair on one or more non-conformities, within 40 days, it can qualify as a lemon.

After being deemed a lemon, the consumer is entitled to a replacement vehicle or his money back minus a reasonable offset for usage and damage.  Usage is determined by multiplying the price of the vehicle by the number of miles put on the car prior to the first repair and then dividing that number by 120,000. The usage fee is subtracted from the total to arrive at the refund.

Understanding your rights and getting your money back or a new car can be tricky no matter what state you’re in. Therefore, contact experienced Los Angeles County lemon law attorney Howard D. Silver for help at (866) 49-LEMON.

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March 03, 2013

Child locks on the doors of vehicles are meant to keep kids safe and reassure those who are driving the car that passengers are secure. Because of a defect with child locks, Ford Motor Company is recalling 7,150 vehicles in association with the National Highway Traffic Safety Administration (NHTSA), as reported by The Chicago Tribune.

In total, from model year 2013, there are 5,638 Escapes from 1,223 Focus and 283 C-Max vehicles being recalled. The Escapes were built between November 14th through 24th and the Focuses and C-Maxes between November 17th and 21st.

Even though drivers may believe the vehicle is working properly, the child lock on the left rear door may not engage when activated. While Ford says they are not aware of any accidents or injuries associated with the problem, the defect may still place children in danger.

Problems such as this can affect the safety of a vehicle and endanger its occupants. If this type of problem occurs at least two times, your vehicle may qualify for protection under the California lemon law entitling you to a new vehicle or a refund of your money.

Inland Empire new car lemon law lawyer Howard D. Silver can provide you with the representation you need during this often confusing and difficult process. Do not go it alone. For a free consultation about your case, call us at (866) 49-LEMON.

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February 02, 2013

Continental Tire the Americas, LLC, has issued a recall affecting approximately 1,700 of its motorcycle tires. The recall is due to concerns about the tire inflation and retention abilities, according to TireReview.com.

Problems with their tires may cause them to wear unevenly, cause groove cracking, and possibly belt lift. If this happens, the tires may unexpectedly lose inflation pressure, which can cause a lack of control. As motorcycles are highly dependent on balance and control, a problem with one tire can quickly lead to a crash. The reasons behind the problem have not been disclosed.

The recalled tires are Continental ContiMotion radials size 180/60R16 M/C 74H, sold in the U.S. replacement market and elsewhere. The tires can be identified by the DOT serial numbers (H60LJJE5110 through H60LJJE3811) found on the tires.

Los Angeles motorcycle lemon law lawyers understand that there are many types of defects that can endanger the lives of motorcyclists. Tire defects in particular can put riders in serious danger. Should a problem with the design or manufacture of a tire cause it to suddenly fail, the rider can lose control of the motorcycle and experience an accident.

If you believe that the motorcycle you purchased in California has experienced enough defects to qualify as a lemon, call lemon law lawyer Howard D. Silver at (866) 49-LEMON. The Law Offices of Howard D. Silver has dedicated itself to the rights and well being of consumers.

February 02, 2013

An investigation by the U.S. Federal Trade Commission (FTC) into the activities of Van Nuys-based Forensic Case Management Services Inc. has resulted in the debt collection company agreeing to pay a $1.1 million fine. As reported by The Los Angeles Times, the owner of the company and several of its officers have also been permanently barred from the debt collection business due to their abusive tactics.

The case against the company began in 2011 as part of an overall crackdown by the FTC on abusive debt collection practices that were steadily increasing as the economy suffered a recession. The agency found that debt collectors with the company were threatening, berating, and bullying consumers in order to receive payments on old debts and fees they did not actually owe. In fact, several consumers reported being told that the bodies of their deceased relatives would be dug up for allegedly not paying their funeral bills.

The company also violated its “no recovery, no fee” pledge concerning old debts, kept more of the collected debt than it was legally entitled to and added fees for their own profit. Finally, collectors illegally gave debt information to third parties such as co-workers and employers.

At the Law Offices of Howard D. Silver, we understand that the unfair tactics used by debt collectors can put both financial and emotional stress on an individual. If you have been the victim of such actions, and need help call (855) 341-2611 for a free consultation about your case.

February 02, 2013

Federal prosecutors in New Jersey have brought charges against 18 people in what is being called one of the largest credit card fraud schemes ever discovered by the U.S. Department of Justice (DOJ). According to a report from ABC News, the scheme spanned 28 states and eight countries, resulting in more than $200 million in losses.

Investigators discovered that the scheme involved three steps. First, the suspects created thousands of fake identities by making fake driver’s licenses and utility bills. Second, they created false credit histories through doctored credit reports for the fake identities. Third, they racked up charges on the credit cards they had wrongfully received.

In total, more than 25,000 fraudulent credit cards were used in the scheme. The funds gained during the scam were used for spa treatments, pricy clothing, electronics, luxury automobiles, and millions of dollars in gold. Additionally, large amounts of cash were stockpiled in the homes of the suspects.

Law enforcement officers completed searches of 13 locations found in New York, New Jersey, Pennsylvania, and Connecticut. If convicted of their crimes, each defendant could be sentenced to a maximum of 30 years in prison. Officials stated that while the scam targeted businesses and credit companies, the losses were so large that consumers may also be affected.

If you have suffered financial losses due to the wrongful actions of another, you have the right to recover your money. Santa Monica credit damage attorney Howard D. Silver has dedicated his skills and resources to the well being of each client he serves. Call the Law Offices of Howard D. Silver at (855) 341-2611 to learn more about how he can help you regain the finances you have lost.

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February 02, 2013

Like any vehicle, occupants of motor homes are in serious danger if the vehicle they are in catches on fire. A recent incident in Alabama, as reported by The Auburn Journal, demonstrated the serious nature of these types of accidents.

A motor home in Christian Valley unexpectedly caught fire while parked next to a metal outbuilding. Even though the vehicle had not been driven recently, the fire quickly spread gutting the unit and causing almost $200,000 in damages. Thankfully no one was inside and firefighters were able to gain control of the fire before it spread to the nearby building.

Investigators believe that the fire was caused by problems with the motor home’s refrigerator.

Even though vehicles with engine defects can catch fire while they’re being driven, motor homes may be even more at risk, since they contain numerous parts that may be running even when the RV is not being driven. Internal lights, refrigerators, televisions, and numerous other appliances run on electricity and if there is a problem with the wiring, a fire could start.

Not only is finding and repairing vehicle defects important for safety reasons, they can also put an undue financial strain on the owner. Riverside motor home lemon law attorney Howard D. Silver can help you get your money back or a new unit if your vehicle or motor home is a lemon. Call (866) 49-LEMON for a free consultation about your case.

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February 02, 2013

Toyota Motor Corporation has issued a new recall affecting more than 1 million of its vehicles. As reported by USA Today, two separate issues has resulted in the recall of Corolla and Lexus vehicles sold throughout the United States and other countries.

The Toyota recall is for approximately 752,000 Corolla and Corolla Matrix automobiles manufactured from December 2001 through May 2004. The vehicles contain air bags that may not properly inflate as the airbag control modules may have been manufactured with faulty circuit boards that can malfunction and cause a short. This can also lead to airbags deploying even though there is no accident. An additional 141,000 vehicles in Canada are also affected by the recall.

The second recall concerns 270,000 Lexus IS sedans from model years 2006 through 2012 that could have a loose wiper arm nut on the front windshield wipers. The defect means that the wipers could collapse under a heavy load, such as snow buildup. Additional vehicles sold in Canada, Europe, the Middle East, and China have also been recalled.

Toyota representatives have stated that two crashes in the U.S. have been linked to the airbag defect, while 18 injuries have occurred from the bags deploying incorrectly. The company will be notifying customers and offering to inspect and repair the problem shortly.

Car owners who experience continued defects with their vehicle may be eligible to receive a replacement car or a refund of their money. For a free consultation, contact the Law Offices of Howard D. Silver today at (866) 49-LEMON.

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February 02, 2013

One of the worst accidents that a motorcyclist could experience is being ejected from his or her bike. While these incidents can be caused by colliding with an object in the road or being struck by a vehicle, they can also come from the motorcycle itself. While defects can affect any part of a motorcycle, some can cause a dangerous accident.

So Cal Motorcycle Defect

Motorcycle ejections are most commonly caused by either the vehicle coming to a complete and sudden halt, or being struck in a manner that throws the rider from his or her seat. Since motorcyclists are not wearing restraints, there is little that they can do to prevent this from happening.

Commonly, motorcycle defects that impact the engine or handling of the bike can cause the vehicle to lose control. If this happens, an accident is very likely to happen. If the rider cannot brake, he or she may collide with an object and be ejected. Additionally, problems with the steering can cause the motorcycle to veer into nearby hazards propelling the rider off the bike when it collapses to the ground or hits something.

Defect-related events can also bring the motorcycle to a sudden and violent stop. If a tire blows out, the motorcycle can suddenly pitch forward or backward, slam into the ground, or lay down. In any event, the rider can be tossed from the bike.

These dangers should not be tolerated by any motorcycle owner. If your vehicle is experiencing recurring defects, it may qualify as a lemon and be eligible for a replacement or refund. To learn more, contact motorcycle lemon attorney Howard D. Silver at the Law Offices of Howard D. Silver by dialing (866) 49-LEMON. With our help, you can be free of your defective motorcycle and feel safer on the road.

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