Ohio Repair-Attempt Presumption (Ohio Rev. Code § 1345.72)
Ohio's Lemon Law thresholds — one attempt for a serious-safety defect, three attempts (same defect), eight attempts (any combination), or 30 cumulative days out of service.
Ohio codifies its “reasonable number of repair attempts” thresholds at Ohio Rev. Code § 1345.73. Unique among major-state lemon laws, Ohio has four distinct presumption tests, including a 1-attempt rule for serious-safety defects and an unusual 8-attempt rule for any combination of nonconformities.
The four tests under § 1345.73
Test 1 — One-attempt rule (serious-safety defect)
The consumer meets the standard when:
- There has been at least one attempt to repair a nonconformity that results in a condition likely to cause death or serious bodily injury if the vehicle is driven; AND
- The defect continues to exist or recurs.
This is the most consumer-favorable Ohio test — a single failed repair of a life-threatening defect (brakes, steering, fire risk, sudden loss of power) is enough to trigger refund or replacement rights.
Test 2 — Three-attempt rule (same defect)
The consumer meets the standard when:
- The same nonconformity has been the subject of three or more repair attempts; AND
- The defect continues to exist.
This matches Pennsylvania’s three-attempt rule and is more favorable than Illinois’s or California’s four-attempt rule.
Test 3 — Eight-attempt rule (any combination)
The consumer meets the standard when:
- The vehicle has been subject to eight or more repair attempts for any number of nonconformities; AND
- The defects continue to exist.
This is unique to Ohio — most other states only count repair attempts for the same defect. Ohio’s 8-attempt rule covers vehicles with multiple recurring issues.
Test 4 — 30-day cumulative out-of-service rule
The consumer meets the standard when:
- The vehicle has been out of service for repair for a total of 30 or more days during the warranty period.
Notice requirements
Ohio’s Lemon Law does not strictly require certified-mail notice like Pennsylvania or Florida. Best practice is still to send written notice, but the procedural requirement is less strict.
What counts as a “repair attempt”
A repair attempt requires:
- The vehicle was presented to an authorized service facility.
- The consumer reported the defect.
- A repair order documents the visit.
Importantly:
- “No problem found” visits count.
- Different symptoms during the same visit can count as multiple attempts.
- Routine maintenance doesn’t count.
- Independent-mechanic visits don’t count.
The 12-month / 18,000-mile window
Repair attempts must occur within the Lemon Law’s 12-month / 18,000-mile window from delivery.
Bottom line
Ohio’s § 1345.73 thresholds — one attempt (serious-safety defect), three attempts (same defect), eight attempts (any combination), 30 days OOS — are among the most consumer-friendly among major-state lemon laws. The 1-attempt serious-safety rule and the 8-attempt “any combination” rule are both standout consumer protections.
Related
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Read →Think you've got a lemon?
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