Assistive Devoce Lemon Law
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Assistive Device State Lemon Laws

Find your state Assistive Device lemon law:

Kentucky

Kentucky Revised Statutes Annotated 151 B . 300

Summary of the Law:

Who & What is covered:

Kentucky's wheelchair lemon law covers any consumer who acquires by purchase, lease, transfer, or ability to enforce the warranty, a wheelchair or assistive device.

Consumer Remedies:

Under the law, if a wheelchair or assistive device is in for repair 2 or more times for the same defect or is out of service 30 or more days within the warranty period, the consumer must offer to return the wheelchair or assistive device to the manufacturer. The consumer then has the right to a replacement wheelchair or assistive device or a refund of the price paid. Also, the consumer is entitled to a free "loaner" wheelchair or assistive device after 2 repair attempts for the same defect, or for any repair that will take 10 days or longer.

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 Kentucky without full disclosure to the consumer.

Details of the Law:

Devices Covered: wheelchairs and any item 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, including hearing aids

Persons Covered: purchaser, lessee, transferee, any person who can enforce the warranty

Period Covered: 1 year

Disclosure Requirements: not applicable

Required Consumer Notice: offer to return device

Repair Requirements: 30 days our of service or 2 repair attempts

Affirmative Defenses: abuse, neglect, unauthorized modification or alteration, result of normal use resolvable by adjustment

Replace or refund: replace or refund minus usage setoff (but not for hearing aids)

Other reimbursement: point of sale finance charges, collateral costs

Other remedies: free loaner or rental reimbursement if repairs take more than 10 days or when same defect was worked on 2 or more previous times; any pecuniary loss; attorney fees and costs; equitable relief

Informal dispute resolution: not applicable

Resale of Lemon: only with full disclosure

Links to State Info:

Kentuckiana Children's Center
Kentucky Assistive Technology Services
Kentucky School for the Blind 

 

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