Assistive Device State Lemon Laws
Georgia
Georgia Code Annotated 10 - 1 - 871; 10 - 1 - 890 (Motorized
Wheelchairs)
Summary of the Law:
Who
& What is covered:
Georgia's Wheelchair Lemon Law covers any consumer who acquires
by purchase, lease, transfer, or ability to enforce the warranty, any
wheelchair or assistive device that costs $1,000 or more.
Consumer Remedies:
Under the law, if a wheelchair or assistive device is in for
repair 4 or more times for the same defect or out of service 30
or more days within the warranty period, the consumer must send
a replacement or refund demand notice to the manufacturer. The
consumer then has the option of getting a replacement device or
a refund of the price paid.
Resale of "lemon" assistive devices:
Any wheelchair or assistive device which is repurchased by the
manufacturer because it is a "lemon" under this statute
cannot be resold in Georgia without full disclosure to the consumer.
Details of the Law
Devices Covered: any device costing $1,000 + which
assists a consumer to perform specific tasks that would not be
possible for such person without the device; all motorized wheelchairs
Persons Covered: purchaser, lessee, transferee, any
person who can enforce the warranty
Period Covered: 1 year
Disclosure Requirements: not applicable
Required Consumer Notice: replacement or refund demand
notice to manufacturer
Repair Requirements: 4 attempts to repair same defect
or 30 days out of service
Affirmative Defenses: abuse, neglect, unauthorized
modification or alteration
Replace or refund: replace or refund minus usage
setoff
Other reimbursement: collateral costs, point of sale
finance costs
Other remedies: 30 day right to cancel when recommended
device fails to meet consumerÆs needs; double actual damages;
attorney fees, equitable relief
Informal dispute resolution: not applicable
Resale of Lemon: only with full disclosure
Links to State Info:
Arc
of Albany
Assistive
Device Exchange Program
Atlanta
Area School for the Deaf
Atlanta
Speech School
disABILITY
Link Center for Rights and Resources
Giant
Resource Page, Tons of Links
Parent
to Parent
School
for the Deaf
Tools
for Life Program
Visual
Fitness Center
