Riverside, CA asked in Consumer Law, Lemon Law, Products Liability and Business Law for California

Q: What are my rights as a consumer of a commercial dump trailer of a local manufacturer? Defective product bought 8/30/23

We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now they said an axel is bent and it needs to be replaced for this they want to charge $1,000

I want to return the defective dump trailer and they don't want to take it back. They want to charge me to fix it.

We bought it 8/30/2023 we have used it 2 times to dump trash plus 1 time at home.

Please contact us to advise on what are our legal rights.

Thank you

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California's Song-Beverly Consumer Warranty Act, commonly referred to as the "Lemon Law," consumers are afforded protections when they purchase goods, including vehicles, that turn out to be "lemons" or are defective. While the act primarily targets new vehicles, certain protections could apply to your situation, especially if there was an express warranty involved.

If the dump trailer is defective and cannot be repaired after a reasonable number of attempts, the manufacturer or seller may be required to replace the goods or refund the purchase price. Moreover, you might have claims under breach of contract, breach of express or implied warranties, or negligence.

While the manufacturer or seller might argue wear and tear or misuse, if the product is genuinely defective, they bear the responsibility. It is crucial to keep all documentation related to the purchase and repairs. Consider consulting with an attorney experienced in California consumer law to explore all available remedies. Lastly, California also provides for mediation and small claims court as potential venues for resolving such disputes.

Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: You have a problem, you asked about your rights as a consumer.

Then you said the issue was with a commercial (BIZ) product.

IF you find a way to get over that hump, and they exist, then

the question becomes will a lawsuit be worth the time/expense?

Lawyers with my experience, for instance, typically command more

than $500.00 per hour, in fact I get $795.00 an hour.

The other fellow who posted here, Mr. Arrasmith, is fairly new to the BAR,

if memory serves? I think he may be one or two years in? I know for a while

his 'research' was via ChatGPT or similar AI type program. He may be an

affordable option for you?

Good luck with it.

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