Louisiana's Repair-Attempt Presumption (4 Attempts / 45 Days OOS)

Under Louisiana Lemon Law (§ 51:1943), the manufacturer has had a “reasonable number of attempts” to repair when statutory thresholds are met. Importantly, Redhibition has no attempts requirement — providing an alternative path.

The two Lemon Law thresholds

Either threshold satisfies the presumption:

1. Four or more repair attempts for the same nonconformity within the Rights Period; OR
2. 45 or more cumulative calendar days out of service for any nonconformity.

Both apply within the 1-year Rights Period.

Redhibition — no attempts requirement

In stark contrast to Lemon Law, Redhibition under La. Civ. Code art. 2520 has no “reasonable attempts” requirement:

• A hidden vice is actionable directly upon discovery.
• The buyer does not need to give the manufacturer / seller opportunity to repair.
• This makes Redhibition particularly powerful for cases where manufacturer repair attempts haven’t yet occurred.

The 4-attempt rule (Lemon Law)

§ 51:1943 sets a 4-attempt presumption for Lemon Law. Each “attempt” must be:

• At a manufacturer-authorized service facility.
• Documented in a repair order.
• For the same nonconformity (consistent complaint language).
• Within the 1-year Rights Period.

The 45-day OOS rule

§ 51:1943 provides for 45 or more cumulative calendar days out of service. Counts calendar days (not business days). Includes days at the dealer, days awaiting parts, days unsafe to drive.

Written notice requirement

§ 51:1944 requires the consumer to give the manufacturer written notice of the defect and at least one final opportunity to repair before the Lemon Law applies. Send via certified mail.

Louisiana vs. peer-state thresholds

State	Attempts	OOS Days	Redhibition?
Louisiana	4	45 calendar	YES — UNIQUE
Tennessee	3	30 calendar	No
Massachusetts	3	15 business	No
Oregon	3	30 business	No
Nevada	4	30 calendar	No
Connecticut	4	30 calendar	No
Indiana	4	30 business	No
Missouri	4	30 working	No
Maryland	4	30 calendar	No
Others	Various	Various	No

Louisiana is unique nationally for having Redhibition as a parallel remedy that bypasses the attempts requirement entirely.

Bottom line

Louisiana requires 4 attempts or 45 calendar days OOS within the 1-year Rights Period for Lemon Law presumption. BUT Redhibition provides an alternative path for hidden vice with no attempts requirement.

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