Assistive Device State Lemon Laws
Wisconsin
Wisconsin Statutes 134 . 87
Summary of the Law:
Who
& What is covered:
Wisconsin'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 Wisconsn without full disclosure to the consumer.
Details of the Law:
Devices Covered: Wheelchairs
Persons Covered: Purchaser, transferee, lessee, anyone
who can enforce the warranty
Period Covered: 1 year after date of purchase.
Disclosure Requirements: Full Disclosure
Required Consumer Notice: Consumer must offer to
transfer possession of the wheelchair to the manufacturer
Repair Requirements: 4 repair attempts or 30 days
out of service.
Affirmative Defenses: not applicable
Replace or refund: Replace or Refund
Other reimbursement: If a consumer prevails on a
separate action for damages, the court shall award twice the amount
of any pecuniary loss, together with costs, disbursements and reasonable
attorney fees, and any equitable relief that the court determines
is appropriate.
Other remedies: In addition to pursuing any other
remedy, a consumer may bring an action to recover for any damages
caused by a violation of this section.
Informal dispute resolution: not applicable
Resale of Lemon: Only with full disclosure
Links to State Info:
Arc
Wisconsin
Assistive
Technology for Rural Elders
Disability
Advocates
Disability
and Business Training Center, Great Lakes
Wisconsin
Deaf Sports Club
