Assistive Device State Lemon Laws
New Jersey
New Jersey Statutes Annotated 56 : 12 - 75 (Wheel Chairs)
Summary of the Law:
Who
& What is covered:
New Jersey's statute covers any consumer who acquires
a wheel chair by purchase, lease, transfer, or ability to enforce
the warranty.
Consumer Remedies:
Under the statute, if a wheel chair is in for repair
3 or more times for the same defect or is out of service 20 days
or more within the warranty period, the consumer must offer to
turn possession of the wheel chair over to the manufacturer. The
consumer is then entitled to a replacement wheel chair or a refund
of the price paid. Additionally, the consumer may chose to submit
any claim under this statute to an informal dispute resolution
system.
Resale of "lemon" wheel chairs:
Any wheel chair which is repurchased by the manufacturer
because it is a "lemon" under this statute cannot be
resold in New Jersey without full disclosure to the consumer.
Details of the Law:
Devices Covered: Wheelchairs
Persons Covered: Purchaser, transferee, lessee, anyone
who can enforce the warranty.
Period Covered: 1 year from the date of purchase
Disclosure Requirements: Full disclosure
Required Consumer Notice: Offer to turn over possession
of wheelchair to manufacturer
Repair Requirements: 3 attempts or 20 days out of
service
Affirmative Defenses: not applicable
Replace or refund: Replace or Refund
Other reimbursement: The court shall award to a consumer
who prevails in an action brought pursuant to this section twice
the amount of any pecuniary loss, together with costs, disbursements
and reasonable attorney fees, and any equitable relief that the
court determines is appropriate.
Other remedies: In addition to pursuing any other
remedy, a consumer may bring an action to recover for any damages
caused by a violation of this act.
Informal dispute resolution: Consumer has the option
of submitting any claim to an informal dispute resolution system
set up under the A P A.
Resale of Lemon: Only with full disclosure
Links to State Info:
Arc
of NJ - For Developmental Disabilities
Disabled
Advocacy Organization
St.
Joseph's School for the Blind
State
Resources for Specific Disabilities
Summit
Speech School for Children (New Providence)
