Problems affecting the safety of the vehicle are generally sufficient to prevail.
Where a consumer can establish a defect in brakes, transmission, or engine, he has generally prevailed, though there are decisions to the contrary. Initially, consumers won virtually all of the brake cases, with the obvious point that a potential brake failure constitutes a safety issue. Recently, manufacturers have sometimes been successful in arguing that a brake noise is inconsequential or even normal, and that the noise does not impair the functioning of the braking system. Cosmetic defects are generally not sufficient. Most consumers claiming unusual noises, squeeks, poor gas mileage, paint irregularities, radio problems, have lost.