An addition to the basic presumption; this creates a lower threshold presumption that a vehicle is a lemon if the nonconformity is likely to cause serious bodily injury or death. It exists because a consumer should not have to risk their life multiple times for a safety defect. 20 states have this extra safety lemon protection. Most of them create the presumption for a serious safety problem that is likely to cause death or serious injury, while a few limit the protection to a failure of brakes or steering. The District of Columbia, Hawaii, Ohio, Virginia and West Virginia have the best provision in creating the presumption after one unsuccessful repair attempt. The following is Hawaii’s provision:
Hawaii Revised Statutes
481I-3 Motor vehicle: express warranties, return.
(d) It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if, during the lemon law rights period, any of the following occurs: . . . .
(2) The nonconformity has been subject to examination or repair at least once by the manufacturer, its agents, distributors, or authorized dealers, but continues to be a nonconformity which is likely to cause death or serious bodily injury if the vehicle is driven;