Assistive Device State Lemon Laws
South Dakota
South Dakota Codified Laws 37 - 31 - 1
Summary of the Law:
Who
& What is covered:
South Dakota's statute covers any consumer who acquires
by purchase, lease, transfer, or ability to enforce the warranty
an assistive device that is still under warranty.
Consumer Remedies:
Under the statute, if an assistive device is in for
repair 2 or more times for the same defect or out of service 30
days or more within the warranty period the consumer must offer
to transfer the device to the manufacturer. The consumer then has
the option of getting a replacement 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 South Carolina 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 manual wheelchairs,
motorized wheelchairs, motorized scooters, and other aids that
enhance the mobility of an individual; hearing aids, telephone
communication devices (TTY), assistive listening devices, and other
aids that enhance an individual's ability to hear; voice synthesized
computer modules, optical scanners, talking software, Braille printers,
and other devices that enhance an individual's ability to communicate;
and breathing, feeding, or any other assistive devices that enable
a person with a disability to perform other major life activities,
communicate, see, hear, or maneuver;
Persons Covered: purchaser, lessor, transferee, anyone
entitled to enforce warranty
Period Covered: One year after date of purchase.
Disclosure Requirements: Full disclosure
Required Consumer Notice: Consumer must notify the
manufacturer and give them a reasonable opportunity to repair the
nonconformity.
Repair Requirements: A reasonable attempt to repair
will be implied if the same nonconformity is subject to repair
at least twice by the manufacturer, assistive device lessor, or
any of the manufacturer's authorized assistive device dealers;
or The assistive device is out of service for at least thirty cumulative
days because of a nonconformity
Affirmative Defenses: not applicable
Replace or refund: Replacement or refund
Other reimbursement: not applicable
Other remedies: not applicable
Informal dispute resolution: not applicable
Resale of Lemon: Not without full disclosure
Links to State Info:
Advocacy
Services
Assistive
Technology for Rural Elders
Center
for Disabilities, U S D
Children's Care
Hospital and School
Communication
Service For the Deaf
Parent Connection
S D
School for the Blind
S
D School for the Deaf
