Rhode Island's Repair-Attempt Presumption (4 Attempts / 30 Calendar Days)
How Rhode Island presumes a reasonable number of attempts — 4 same-defect repairs or 30 cumulative calendar days out of service — plus the 7-calendar-day final cure opportunity.
Rhode Island presumes a “reasonable number of attempts” under R.I. Gen. Laws § 31-5.2-5 when one of two thresholds is met within the term of protection (one year or 15,000 miles from delivery, whichever first) — followed by a final 7-day cure opportunity.
The two thresholds
| Test | Threshold |
|---|---|
| Same nonconformity, repair attempts | 4 or more (and it persists or recurs) |
| Cumulative calendar days out of service | 30 or more |
Either threshold, met within the term of protection, raises the presumption.
The additional 7-calendar-day cure
The presumption does not apply unless the manufacturer is afforded one additional opportunity to cure — not to exceed 7 calendar days — beginning on the day the manufacturer first knows or should know the threshold has been met. Critically, this final cure opportunity is available even if it occurs after the term of protection expires (§ 31-5.2-5). Document this final attempt and its result.
No one-attempt safety rule
Unlike Maine and Idaho (one attempt for a serious braking/steering failure) or Hawaii (one attempt for any serious safety defect), Rhode Island has no reduced threshold for serious defects — every defect must reach 4 attempts or 30 calendar days. A safety defect still strengthens the overall case.
What counts as a repair attempt
- Vehicle was at the manufacturer, its agent, or an authorized dealer, documented by a repair order.
- The same nonconformity persists or recurs.
- “No problem found” visits count if the defect was reported.
- Independent-mechanic visits and routine maintenance don’t count.
The nonconformity must substantially impair the vehicle
Meeting a threshold isn’t enough on its own — the defect must be a nonconformity that substantially impairs the use, market value, or safety of the vehicle. The manufacturer can rebut by showing the problem doesn’t rise to that level, or resulted from abuse, neglect, or unauthorized modification. Clean documentation defeats these.
Bottom line
Four same-defect repairs or 30 cumulative calendar days out of service — within the one-year/15,000-mile term, followed by a 7-calendar-day final cure — raises Rhode Island’s presumption. There’s no one-attempt safety shortcut, so track attempts and out-of-service days carefully and preserve every repair order.
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