Assistive Device State Lemon Laws
Washington
Washington Revised Code 19 . 184 . 010
Summary of the Law:
Who
& What is covered:
Washington's statute covers any consumer who acquires
a wheel chair by purchase, transfer, lease, or ability to enforce
the warranty that is still under warranty.
Consumer Remedies:
Under the statute, if a wheel chair is in for repair
4 or more times for the same defect or is out of service 30 days
or more during the warranty period, the consumer has the choice
of receiving a replacement wheel chair or a refund of the price
paid.
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 Washington without full disclosure to the consumer.
Details of the Law:
Devices Covered: Wheelchairs, including demonstrators,
that a consumer purchases or accepts purchase of in this state.
Persons Covered: Purchaser, transferee, lessee, anyone
who can enforce the warranty
Period Covered: One year from date of purchase.
Disclosure Requirements: not applicable
Required Consumer Notice: Notify the manufacturer
or supplier of the defect and make the device available for repair.
Repair Requirements: 4 attempts at repair or 30 days
out of service.
Affirmative Defenses: not applicable
Replace or refund: Replace or refund
Other reimbursement: not applicable
Other remedies: Statute does not limit other rights
or remedies available. A consumer may also bring an action to recover
damages caused by a violation of this chapter, and the court shall
award a consumer who prevails twice the amount of pecuniary loss,
together with costs, disbursements, reasonable attorneys fees,
and equitable relief that the court deems appropriate.
Informal dispute resolution: not applicable
Resale of Lemon: Only with full disclosure.
Links to State Info:
Center
for Disability Policy and Research
Disability
Guide Organization
Lilac
Blind Foundation
Listen
and Talk, Education for Children with Hearing Loss (Seattle)
Washington
State School for the Blind
