Assistive Device State Lemon Laws
California
Summary of the Law:
Who & What is covered:
California’s statute covers any consumer who acquires
by purchase, lease, transfer, or right to enforce the warranty, a new or
used assistive device.
Consumer Remedies:
The seller must provide the consumer, at the date of sale,
a written rights notice of consumer rights available under this statute.
Under the state, if any wheelchair is in for repair four or more times for
the same defect or out of service 30 days or more within the warranty period,
the consumer has the option of getting a replacement wheelchair or a refund
of the price paid. Additionally, if a wheelchair will be out of service
longer than one business day for any repair a loaner wheelchair must be
provided at no additional charge.
Resale of "lemon" assistive devices:
Any assistive device which is repurchased by the manufacturer
because it is a "lemon" under this statute cannot be resold California
without full disclosure to the consumer.
Details of the Law:
California Civil Code 1791
Devices Covered: any piece of equipment, sold new
or used, to assist an individual with a disability, such as a medical
device (for instance, a prosthetic, wheelchair, or hospital bed),
an audio or tactile device for the blind, a T D D machine, a communication
device, costing more than $15, excluded: surgical implants and
catalog sale items (except for hearing aids), and normal eye care
products (glasses &
contact lenses)
Persons Covered:
Period Covered: 30 day minimum warranty; for new
wheelchairs, 1 year; for used wheelchairs, 60 days; mandatory implied
warranties at least 60 days length except in an "as is" sale
Disclosure Requirements: written rights notice
Required Consumer Notice: not applicable
Repair Requirements: wheelchair: 4 attempts on same
defect or 30 days our of service
Affirmative Defenses: unauthorized or unreasonable
use
Replace or refund: replace or refund minus usage
setoff
Other reimbursement: collateral charges
Other remedies: 30 day right to cancel based on failure
to meet the buyer's particular needs; must provide loaner when
wheelchair out of service 24 hours or more
Informal dispute resolution: not applicable
Resale of Lemon: only with full disclosure
Links to State Info:
Accessibility
by Design
California
Assistive Technologies Network
California
Disability Links Galore
California
School for the Blind
California
School for the Deaf
C S U Northridge
Center on Disabilities
Disability
Rights Advocacy
Disability
Rights Advocates
Family
Help, Through the Looking Glass
Independent
Living Centers, Foundation
June Isaacson
Kailes, Disability Policy Consultant
Oralingua
School for Hearing Impaired (Whittier)
Wheelchair
Access on Catalina Island
Wheelchair
Access in Los Angeles
Wheelchair
Access in San Diego
Wheelchair
Access in San Francisco
