Assistive Device State Lemon Laws
Colorado
Colorado Revised Statutes 6 - 1 - 401
Summary of the Law:
Who & What is covered:
Colorado’s statute covers any consumer who
acquires by purchase, lease, transfer, or right to enforce a warranty,
a wheelchair or motorized scooter.
Consumer Remedies:
Under the statute, if an assistive device is in for
repair 3 or more times for the same defect or out
of service 30 days or more within the warranty period, or 10 consecutive
business days out of service the consumer has the option of getting
a replacement device or a refund of the price paid.
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 in Colorado without full disclosure to the consumer.
Details of the Law:
Devices Covered: wheelchairs and scooters purchased
or transferred in state
Persons Covered: purchaser, lessor, transferee, anyone
entitled to enforce warranty
Period Covered: 1 year
Disclosure Requirements: not applicable
Required Consumer Notice: offer to return wheelchair
Repair Requirements: 3 repair attempts of same defect
or total of 30 days out of service or 10 consecutive business days
out of service
Affirmative Defenses: abuse, neglect, unauthorized
modification or alteration
Replace or refund: replace or refund
Other reimbursement: collateral costs, finance costs
Other remedies: free loaner after first repair day,
attorney fees and punitive damages
Informal dispute resolution: not applicable
Resale of Lemon: only with full disclosure
Links to State Info:
Arc
Colorado
Colorado
Rocky Mountain Deaf School
Colorado School
for the Deaf and the Blind
Cross
Disability Coalition
Disability
is Natural - Good News About Disabled Persons
Laura
Hershey's Commentary
Parent to
Parent
Library
Use of Assistive Technologies in Colorado
University
of Denver Disability Links
