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state-assistive-device-lemon-laws

citation string	coverage_period string	derived_fields list	devices_covered string	devices_excluded string	id string	remedy string	source string	source_quote string	state string	url string	verified_fields list	days_out_of_service string	repair_attempts_required string	loaner_required string	minimum_purchase_price string
Cal. Civ. Code 1793.02	it may be returned to the seller within 30 days of the date of actual receipt by you or completion of fitting by the seller, whichever occurs later	[ "citation", "state" ]	all new and used assistive devices sold at retail in this state	(1) A catalog or similar sale, as defined in subdivision (q) of Section 1791, except a sale of a hearing aid. (2) A sale which involves a retail sale price of less than fifteen dollars ($15). (3) A surgical implant performed by a physician and surgeon, or a restoration or dental prosthesis provided by a dentist	california	the seller shall, without charge and within a reasonable time, adjust the device or, if appropriate, replace it with a device that is specifically fit for the particular needs of the buyer. If the seller does not adjust or replace the device so that it is specifically fit for the particular needs of the buyer, the sell...	https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1793.02	1793.02. (a) (1) Except as provided in paragraph (2), all new and used assistive devices sold at retail in this state shall be accompanied by the retail seller’s written warranty which shall contain the following language: “This assistive device is warranted to be specifically fit for the particular needs of you, the b...	California	https://referencesource.org/state-assistive-device-lemon-laws/california/	[ "coverage_period", "devices_covered", "devices_excluded", "remedy" ]	null	null	null	null
Mass. Gen. Laws ch. 93, s. 107	The duration of the express warranty shall be not less than one year after first delivery of the customized wheelchair to the consumer	[ "citation", "state" ]	a manual or motorized wheeled device which is adapted to meet the specific needs of a particular individual's disability	excluding an automobile, van or truck which a consumer purchases or accepts for transfer in the commonwealth	massachusetts	accept return of the customized wheelchair and replace it with a comparable new customized wheelchair and refund any collateral costs; or (ii) accept return of the customized wheelchair and refund to the consumer and to any holder of a perfected security interest, as their interest may appear, the full purchase price a...	https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section107	''Reasonable attempt to repair'', any of the following occurring within the term of an express warranty period applicable to a new customized wheelchair within one year after delivery of the customized wheelchair to a consumer, whichever occurs first: (1) a nonconformity within the warranty is subject to repair at leas...	Massachusetts	https://referencesource.org/state-assistive-device-lemon-laws/massachusetts/	[ "coverage_period", "days_out_of_service", "devices_covered", "devices_excluded", "remedy", "repair_attempts_required" ]	out of service for an aggregate of at least thirty days because of a warranty nonconformity	a nonconformity within the warranty is subject to repair at least four times by the manufacturer, customized wheelchair lessor, or any of the manufacturer's authorized dealers and the nonconformity continues	null	null
Minn. Stat. 325G.203 to 325G.208	within the term of an express warranty applicable to a new assistive device	[ "citation", "state" ]	an item, piece of equipment, or product system that is designed and used to increase, maintain, or improve functional capabilities of individuals with disabilities in the areas of seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, or working. The term includes, but is ...	a transcutaneous electrical nerve stimulator, neuromuscular electrical stimulator, or dynamic range of motion splint, if the stimulator or splint is already covered by a warranty	minnesota	To receive a comparable new assistive device, a consumer shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new assi...	https://www.revisor.mn.gov/statutes/cite/325G.203	Subd. 12.Reasonable attempt to repair. "Reasonable attempt to repair" means any of the following occurring within the term of an express warranty applicable to a new assistive device: (1) the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers accepts return of the ne...	Minnesota	https://referencesource.org/state-assistive-device-lemon-laws/minnesota/	[ "coverage_period", "days_out_of_service", "devices_covered", "devices_excluded", "remedy", "repair_attempts_required" ]	out of service for an aggregate of at least 30 cumulative days because of warranty nonconformities	the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers accepts return of the new assistive device for repair at least two times	null	null
null	The duration of the warranty must be no less than one year from the date of first delivery to the consumer	[ "state" ]	all assistive technology devices purchased or leased to assist in performing a major life activity. Such devices include, but are not limited to, motorized/manual wheelchairs, scooters, hearing aids, telecommunication devices, speech synthesizers, scanners and other devices which enable a person with a disability to co...	null	missouri	null	https://at.mo.gov/missouri-assistive-device-lemon-law-consumer-guide/	A new assistive device can be considered a “lemon” when reasonable attempts to repair the device during the one year warranty period have been unsuccessful and meets the following requirements: there have been four attempts by the manufacturer to repair the same defect and the problem continues; or the device “down-tim...	Missouri	https://referencesource.org/state-assistive-device-lemon-laws/missouri/	[ "coverage_period", "days_out_of_service", "devices_covered", "repair_attempts_required" ]	the device “down-time” is a total of 30 days during attempts to repair the same defect	there have been four attempts by the manufacturer to repair the same defect and the problem continues	null	null
null	The warranty must last at least one year	[ "state" ]	all new and “demonstrator” wheelchairs, motorized scooters designed primarily for indoor use, and retrofit power units	null	new-jersey	you may be entitled to a replacement, refund, or early lease termination, minus a reasonable allowance for use	https://www.njconsumeraffairs.gov/News/Consumer%20Briefs/motorized-wheelchair-lemon-law.pdf	After three unsuccessful attempts at repairing the same problem, or if the wheelchair or motorized scooter is out of service for twenty (20) cumulative days, you may be entitled to a replacement, refund, or early lease termination, minus a reasonable allowance for use.	New Jersey	https://referencesource.org/state-assistive-device-lemon-laws/new-jersey/	[ "coverage_period", "days_out_of_service", "devices_covered", "remedy", "repair_attempts_required" ]	out of service for twenty (20) cumulative days	three unsuccessful attempts at repairing the same problem	null	null
N.Y. General Business Law 670	The duration of the express warranty shall not be less than one year after first delivery of the wheelchair to the consumer	[ "citation", "state" ]	any wheelchair, including a demonstrator, that a consumer purchases or accepts transfer of in this state	null	new-york	you are entitled to either a comparable new wheelchair or a refund or, if you are leasing a wheelchair, replacement of your wheelchair with a comparable new wheelchair or a refund of the full purchase price plus any finance charge and collateral costs, minus a reasonable allowance for use	https://ag.ny.gov/publications/wheelchair-lemon-law-guide	“Reasonable attempt to repair” means that, within the term of an express warranty applicable to a new wheelchair, any nonconformity within the warranty is either subject to repair by the manufacturer, wheelchair lessor or any of the manufacturer’s authorized wheelchair dealers, for at least three times and a nonconform...	New York	https://referencesource.org/state-assistive-device-lemon-laws/new-york/	[ "coverage_period", "days_out_of_service", "devices_covered", "remedy", "repair_attempts_required" ]	out of service for an aggregate of at least thirty days because of warranty nonconformity, after having been returned to the manufacturer, wheelchair lessor or any of the manufacturer’s authorized wheelchair dealers for repair	any nonconformity within the warranty is either subject to repair by the manufacturer, wheelchair lessor or any of the manufacturer’s authorized wheelchair dealers, for at least three times and a nonconformity continues	null	null
Ohio Rev. Code 1345.90 to 1345.95	The warranty shall be for a period of not less than one year from the day the consumer first possesses the assistive device	[ "citation", "state" ]	a product designed and intended to be used to increase, maintain, or improve the functional capabilities of an individual with a disability in seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, working, or self-care. "Assistive device" includes a wheelchair, motorized scooter, assistive l...	an invasive or noninvasive medical device that attempts to treat a medical condition or a hearing aid as defined in section 4747.01 of the Revised Code	ohio	If the assistive device was purchased, accept return of the device and refund to the consumer and to the holder of any perfected security interest in the assistive device, as their interest may appear, the full purchase price plus any finance charges and collateral costs, less a reasonable allowance for use	https://codes.ohio.gov/ohio-revised-code/section-1345.92	(C) If the manufacturer or supplier is unable to repair the defect in an assistive device despite three attempts to repair it or the assistive device is in the possession of the manufacturer or supplier for a cumulative total of forty-five or more days, the manufacturer or supplier, at the consumer's option, shall do o...	Ohio	https://referencesource.org/state-assistive-device-lemon-laws/ohio/	[ "coverage_period", "days_out_of_service", "devices_covered", "devices_excluded", "loaner_required", "minimum_purchase_price", "remedy", "repair_attempts_required" ]	the assistive device is in the possession of the manufacturer or supplier for a cumulative total of forty-five or more days	unable to repair the defect in an assistive device despite three attempts to repair it	it shall lend the consumer a comparable assistive device for use during the repair period if either of the following applies: (1) The repair period exceeds twenty-one days, including the day the assistive device is tendered to the manufacturer or supplier for repair; (2) The defect is the same defect for which the assi...	five hundred dollars or more
ORS 646A.460 to 646A.476	The duration of the warranty shall be not less than one year from the date of first delivery of the assistive device to the consumer	[ "citation", "state" ]	Wheelchairs and scooters of any kind, including other aids that enhance the mobility or positioning of an individual using a wheelchair or scooter of any kind, such as motorization, motorized positioning features and the switches and controls for any motorized features; and (b) Hearing aids as defined in ORS 694.015	null	oregon	the manufacturer shall, after a reasonable attempt to repair the device or demonstrator, at the option of the consumer: (1) In the case of a sale, refund to the consumer and to any holder of a perfected security interest as their interest may appear, the full purchase price plus any finance charge or sales tax paid by ...	https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html	(16) “Reasonable attempt to repair” means, within the terms of an express warranty applicable to an assistive device: (a) The same nonconformity is subject to repair at least two times by the manufacturer or any authorized dealer and the nonconformity continues; or (b) The assistive device is out of service, by reason ...	Oregon	https://referencesource.org/state-assistive-device-lemon-laws/oregon/	[ "coverage_period", "days_out_of_service", "devices_covered", "loaner_required", "remedy", "repair_attempts_required" ]	out of service, by reason of repair or correction, for an aggregate of at least 30 days after notification to the manufacturer or any authorized dealer because of the nonconformity	The same nonconformity is subject to repair at least two times by the manufacturer or any authorized dealer and the nonconformity continues	A person required to repair an assistive device under this section shall provide the consumer a loaner if the absence of a loaner would be a threat to the safety of the user or if the assistive device is out of service for more than seven calendar days	null
Wis. Stat. 134.87	within the term of an express warranty applicable to a new motorized wheelchair or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner	[ "citation", "state" ]	new three- or four- wheel scooters for use by people with disabilities and to new motorized wheelchairs that were purchased on or after November 1, 1992	null	wisconsin	the law entitles you to choose either a comparable new replacement or a refund	https://docs.legis.wisconsin.gov/statutes/statutes/134/87	134.87(1)(k) (k) “Reasonable attempt to repair” means any of the following occurring within the term of an express warranty applicable to a new motorized wheelchair or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner: 134.87(1)(k)1. 1. The same nonconformity with the w...	Wisconsin	https://referencesource.org/state-assistive-device-lemon-laws/wisconsin/	[ "coverage_period", "days_out_of_service", "devices_covered", "remedy", "repair_attempts_required" ]	out of service for an aggregate of at least 30 days because of warranty nonconformities	subject to repair by the manufacturer, motorized wheelchair lessor or any of the manufacturer’s authorized motorized wheelchair dealers at least 4 times and the nonconformity continues	null	null

Assistive device lemon laws by state: wheelchair and mobility device repair, replacement and refund thresholds

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When does a wheelchair, scooter or other assistive device qualify for replacement or a refund? A separate set of state 'wheelchair lemon laws' covers assistive devices, and the thresholds are not the ones in the car lemon law: repair attempts range from 2 (Oregon, Minnesota) through 3 (New York, New Jersey, Ohio) to 4 (Wisconsin, Missouri, Massachusetts), and days out of service run from 20 (New Jersey) through 30 in most states to 45 (Ohio). Coverage differs more than the numbers do — Ohio applies its assistive-device law only where the transaction is five hundred dollars or more and expressly excludes hearing aids and some medical devices, while California has no assistive-device lemon law at all and instead gives a 30-day return right on any device 'specifically fit for the buyer's particular needs' covering new and used goods alike. One record per state, quoted from the state statute or the state agency's own consumer page. The best-known assembled version on the open web (disabled-world.com, first published 2009) states that only three states have specific assistive-device protections, which is wrong, and the page that claimed broader coverage is now a dead domain. Answers 'does the lemon law cover wheelchairs', 'how many repair attempts before a wheelchair must be replaced', 'wheelchair lemon law in my state', and 'is my power scooter covered by a lemon law'.

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