What Is Wheelchair Lemon Law?For many people, personal mobility is entirely dependent upon devices like motorized wheelchairs. But, what happens when there is a problem or possible mechanical defect in the wheelchair. Just as with other consumer protection policies, there is a very likely a wheelchair lemon law already in place in your home state. Not only do a number of states provide lemon law statutes specifically for wheelchairs, but also most of these laws offer the same types of protections as standard lemon law for motor vehicles, though only covering certain components and, in some instances, providing coverage for similar mobility assistance vehicles. In the United States, a majority of the individual states have lemon law legislation that pertains specifically to automated or motorized wheelchairs. Under the guidelines of individual state wheel chair lemon law, is only those wheelchairs that are 1)mechanically operated and battery-powered; 2) are either new or leased. Moreover, traditional manual wheelchairs receive absolutely no coverage under lemon laws that target wheelchairs. New and leased motorized wheelchairs must meet other parameters to be considered for coverage under existing lemon law. Primary among these other parameters is the necessity of a warranty. Any new or leased wheelchair must still be under warranty coverage or at a specified timeframe to be valid. Just as other lemon laws require written and express warranties, the same is true of motorized wheelchairs. Stipulations-such how many repair attempts have been made or how much time has elapsed since the initial purchase of the wheelchair-will be top factors, though by no means the only ones considered. As with common lemon law, if wheelchair cannot be returned to working order after repairs have been attempted, a refund may be awarded due to the breach of warranty conditions. (A replacement wheelchair is another option.) Wheelchair lemon law specifically provides coverage of all electrical and mechanical components that are proven to be lemons or defective. This also includes accessories like batteries and motor parts. If it aids in the proper functioning of the wheelchair, it is likely to be included among most states' provisions. Often overlooked is the fact that other vehicles that can be described "mobility assistant" due to disability or infirmity can also be covered by lemon laws. The example that comes to mind is the power scooter. Although it is not technically a wheelchair, it does provide a similar service to those who are handicapped-it allows them to move again! For elderly especially, this becomes more of an issue and one that dominates their thinking. When they can no longer take advantage of wheelchairs and scooters to move about the house and other environments due to a defect or malfunction, there the reason for specific wheelchair lemon laws becomes evident. |