Assistive Device State Lemon Laws
Ohio
Ohio Revised Code Annotated 1345 . 90
Summary of the Law:
Who
& What is covered:
Ohio's statute covers any consumer who acquires a
new assistive device or an assistive device that is still under
warranty.
Consumer Remedies:
Under the statute, if an assistive device is in for
repair 3 or more times for the same defect or out of service 45
days or more within the warranty period the consumer has the option
of getting a replacement device or a refund of the price paid.
Additionally, a "loaner" assistive device must be provided
to the consumer if the device is in for its fourth repair for the
same defect, or if any repair period exceeds 21 days.
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 Ohio without full disclosure to the consumer.
Details of the Law:
Devices Covered: A wheelchair, motorized scooter,
assistive listening device, voice synthesized computer module,
optical scanner, talking software, braille printer, environmental
control, adaptive transportation aid, communication board, or any
device that has a function similar to that of any of the foregoing
devices. "Assistive device" does not include an invasive
or noninvasive medical device that attempts to treat a medical
condition or a hearing aid as defined in section 4747 . 01 of the
Revised Code.
Persons Covered: Any person who purchases, leases,
or otherwise acquires a new assistive device or a person who acquires
an assistive device while the warranty required by section Revised
Code 1345 . 91 is in effect.
Period Covered: 1 year from the date of purchase.
Disclosure Requirements: Full disclosure of defect.
Required Consumer Notice: Consumer shall return the
assistive device to the manufacturer or supplier, as specified
in the warranty document, with an explanation of the nature of
the defect.
Repair Requirements: 3 attempts to repair, or 45
or more days out of service.
Affirmative Defenses: not applicable
Replace or refund: Refund or Replace (less a reasonable
allowance for use). Also, the consumer is entitled a replacement
device during the presumption period if any of the following apply:
The repair period exceeds 21 days, including the day the assistive
device is tendered to the manufacturer or supplier for repair;
or The defect is the same defect for which the assistive device
was returned to the manufacturer or supplier for repair on three
or more previous occasions.
Other reimbursement: Collateral costs
Other remedies: Violation of this is statute is considered
an unfair or deceptive act in violation of Revised Code 1345 .
02.
Informal dispute resolution: not applicable
Resale of Lemon: Not without full disclosure.
Links to State Info:
Access
Center for Independent Living
A D A, Ohio
Arc
of Ohio
Dimenet Network,
Crossing Miles and Barriers
People
First
Ohio
School for the Deaf
Ohio
Valley Voices School for Deaf (Cincinnati)
St. Rita
School for the Deaf
Virtual
Center for Independent Living
