Assistive Devoce Lemon Law
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Assistive Device State Lemon Laws

Find your state Assistive Device lemon law:

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
Children's Care Hospital and School
Parent Connection
S D School for the Blind


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