Assistive Device State Lemon Laws
Nebraska
Nebraska Revised Statutes 69 - 2603
Summary of the Law:
Who
& What is covered:
Nebraska's statute covers any consumer who acquires
an assistive device by purchase, lease, transfer, or ability to
enforce the warranty.
Consumer Remedies:
Under the statute, if an assistive devices is in
for repair 2 or more times for substantially the same defect or
is out of service 30 days or more within the warranty period, the
consumer is entitled to a replacement assistive 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 Nebraska without full disclosure to the consumer.
Details of the Law:
Devices Covered: Any device, including a demonstrator,
that a consumer purchases or accepts transfer of in this state
which is used for a major life activity, including, but not limited
to, manual wheelchairs, motorized wheelchairs, motorized scooters,
and other aides that enhance the mobility of an individual; hearing
aids, telephone communication devices for the deaf (TTY), assistive
listening devices, and other aides that enhance an individual's
ability to hear; voice synthesized computer modules, optical scanners,
talking software, braille printers, and other devices that enhance
a sight-impaired individual's ability to communicate; environmental
control units; and any other assistive device that enables a person
with a disability to communicate, see, hear, or maneuver.
Persons Covered: purchaser, lessor, transferee, anyone
entitled to enforce warranty
Period Covered: Express Warranty of no less than
1 year from the date of purchase.
Disclosure Requirements: Full written disclosure
Required Consumer Notice: not applicable
Repair Requirements: Reasonable attempt to repair
means within the terms of an express warranty applicable to a new
assistive device: (1) Any nonconformity within the warranty that
has been repaired by the manufacturer, the assistive device lessor,
or any of the manufacturer's authorized assistive device dealers
on at least two previous occasions and a nonconformity continues;
or (2) The assistive device is out of service for repair for an
aggregate of at least thirty cumulative days because of warranty
nonconformity.
Affirmative Defenses: If the defect is one of the
following, the law does not apply (1) a condition or defect that
is the result of abuse, neglect, or unauthorized modification or
alteration of the assistive device by a consumer or (2) a condition
that is the result of normal use which could be resolved through
fitting adjustments, cleaning, or proper care.
Replace or refund: Repair or refund or replacement
Other reimbursement: Collateral costs and any finance
charges; also the consumer may be entitled to a rental assistive
device reimbursement of up to twenty dollars per day. The applicable
conditions are: The repair period exceeds ten working days, including
the day on which the device is tendered to the dealer for repair;
or The nonconformity is the same for which the assistive device
has been tendered to the dealer for repair on at least two previous
occasions
Other remedies: not applicable
Informal dispute resolution: not applicable
Resale of Lemon: Not without full written disclosure
of the reasons for the return.
Links to State Info:
Assistive
Technology for Rural Elders
Nebraska
Center for Education of Blind Children
Nebraska
Educational Assistive Technology
Nebraska
Health and Human Services Disability Programs
Omaha
Hearing School for Children
