Assistive Device State Lemon Laws
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
Kentucky
School for the Deaf
Ohio
Valley Voices School for Deaf (Cincinnati)
Parent
to Parent
