What does your warranty say? You need to review it, since it governs your rights and provides the agreement for which forum (state and court) you can sue in, or whether you have to arbitrate, or give the company notice of the defect and e.g., 30 days notice to cure.
Disclaimer: I'm only licensed in CA. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.