Under the Louisiana Lemon Law, buyers are protected in cases of manufacturing defects with their vehicles, where the manufacturer becomes liable for the buyer’s attorney fees upon proof of such defects. As part of our thorough investigation and evaluation process, we diligently identify manufacturing defects to support your case.

When we proceed with legal action, we are confident in our ability to substantiate a manufacturing defect, enabling us to seek attorney fees from the manufacturer. In the event of a settlement, these fees are typically included as part of the agreement. Should the case proceed to trial, the fees are incorporated into the verdict or court order.

Importantly, you are not obligated to pre-pay fees, provide a retainer, or cover fees if we do not secure a recovery on your behalf. Our commitment is to ensure your rights are protected under the Louisiana Lemon Law, with no financial burden placed on you unless compensation is obtained.

Louisiana laws that address motor vehicle warranties include: La.R.S. 51:1941, et seq. (“Louisiana Lemon Law”), La.C.C.Art. 2520, et seq. (Redhibition), 15 U.S.C. 2301, et seq. (“Magnuson-Moss Warranty Act”), Article 2 of the Uniform Commercial Code and La.R.S. 51:1401, et seq. (Louisiana Unfair Trade Practices Act).

According to the Louisiana Lemon Law, it is presumed that a reasonable number of attempts have been made to bring a motor vehicle in line with applicable express warranties under certain circumstances. These circumstances include the vehicle being out of service due to repairs for a cumulative total of forty-five or more calendar days, or if the same nonconformity has been addressed four or more times by the manufacturer, its agent, or its authorized dealer within the warranty term or within one year following the date of the original delivery of the motor vehicle to the consumer, whichever occurs earlier.

In the context of the Louisiana Lemon Law, “nonconformity” refers to any specific or generic defect or malfunction, or any defect or condition that substantially impairs the use, market value, or both of a motor vehicle.

Under the Louisiana Lemon Law, sellers are obligated to warrant buyers against redhibitory defects, also known as vices, in the sold item. A defect is considered redhibitory if it renders the item entirely useless or so inconvenient that a reasonable buyer would not have made the purchase had they been aware of the defect. In such cases, the buyer has the right to seek rescission of the sale.

Additionally, a defect is redhibitory if it doesn’t render the item completely useless but diminishes its usefulness or value to the extent that a reasonable buyer would have purchased it at a lower price or not at all. In such instances, the buyer’s right is limited to seeking a reduction in the purchase price.

It’s important to note that under the Louisiana Lemon Law, there are no minimum requirements for the number of repairs or days the vehicle must be out of service. Redhibition simply necessitates that the vehicle possesses a defect at the time of sale that renders it useless or inconvenient to a reasonable buyer.

The Magnuson–Moss Warranty Act is a United States federal law (15 U.S.C. § 2301 et seq.) that governs warranties on consumer products. The law does not require any product to have a warranty (it may be sold “as is”), but if it does have a warranty, the warranty must comply with this law. The law was created to fix problems as a result of manufacturers using disclaimers on warranties in an unfair or misleading manner and provides consumers with remedies for violation of express and implied warranties.

Any person who suffers any ascertainable loss of money or movable property, corporeal or incorporeal, as a result of the use or employment by another person of an unfair or deceptive method, act, or practice declared unlawful by R.S. 51:1405, may bring an action individually but not in a representative capacity to recover actual damages. If the court finds the unfair or deceptive method, act, or practice was knowingly used, after being put on notice by the attorney general, the court shall award three times the actual damages sustained. In the event that damages are awarded under this Section, the court shall award to the person bringing such action reasonable attorney fees and costs. Upon a finding by the court that an action under this Section was groundless and brought in bad faith or for purposes of harassment, the court may award to the defendant reasonable attorney fees and costs.