Assistive Devoce Lemon Law
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Assistive Device State Lemon Laws

Find your state Assistive Device lemon law:

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:
disABILITY Link Center for Rights and Resources
Giant Resource Page, Tons of Links
Tools for Life Program
Visual Fitness Center

 

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