Assistive Devoce Lemon Law
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Assistive Device State Lemon Laws

Find your state Assistive Device lemon law:

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 wheelchair or assistive device or one that is still under warranty.

Consumer Remedies:

Under the Ohio Wheelchair Lemon Law, if a wheelchair or 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 wheelchair or device or a refund of the price paid. Also, a "loaner" wheelchair or assistive device must be provided to the consumer if the wheelchair or 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 wheelchair or assistive device which is repurchased by the manufacturer because it is a "lemon" under this lemon law 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 a wheelchair or 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 wheelchair or 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 wheelchair or device during the presumption period if any of the following apply: The repair period exceeds 21 days, including the day the wheelchair or assistive device is tendered to the manufacturer or supplier for repair; or The defect is the same defect for which the wheelchair or 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 law 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
St. Rita School for the Deaf

 

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