Assistive device lemon laws by state: wheelchair and mobility device repair, replacement and refund thresholds
When does a wheelchair, scooter or other assistive device qualify for replacement or a refund? A separate set of state 'wheelchair lemon laws' covers assistive devices, and the thresholds are not the ones in the car lemon law: repair attempts range from 2 (Oregon, Minnesota) through 3 (New York, New Jersey, Ohio) to 4 (Wisconsin, Missouri, Massachusetts), and days out of service run from 20 (New Jersey) through 30 in most states to 45 (Ohio). Coverage differs more than the numbers do — Ohio applies its assistive-device law only where the transaction is five hundred dollars or more and expressly excludes hearing aids and some medical devices, while California has no assistive-device lemon law at all and instead gives a 30-day return right on any device 'specifically fit for the buyer's particular needs' covering new and used goods alike. One record per state, quoted from the state statute or the state agency's own consumer page. The best-known assembled version on the open web (disabled-world.com, first published 2009) states that only three states have specific assistive-device protections, which is wrong, and the page that claimed broader coverage is now a dead domain. Answers 'does the lemon law cover wheelchairs', 'how many repair attempts before a wheelchair must be replaced', 'wheelchair lemon law in my state', and 'is my power scooter covered by a lemon law'.
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LicenceFacts extracted from state statutes and state agency consumer pages, with attributed quote and link back. Assistive device warranty thresholds are public consumer protection facts. No source carries a restrictive notice.
The data
| State | Devices covered | Devices excluded | Coverage period | Remedy | Citation | Repair attempts required | Days out of service | Minimum purchase price | Loaner required |
|---|---|---|---|---|---|---|---|---|---|
| California | all new and used assistive devices sold at retail in this state | (1) A catalog or similar sale, as defined in subdivision (q) of Section 1791, except a sale of a hearing aid. (2) A sale which involves a retail sale price of less than fifteen dollars ($15). (3) A surgical implant performed by a physician and surgeon, or a restoration or dental prosthesis provided by a dentist | it may be returned to the seller within 30 days of the date of actual receipt by you or completion of fitting by the seller, whichever occurs later | the seller shall, without charge and within a reasonable time, adjust the device or, if appropriate, replace it with a device that is specifically fit for the particular needs of the buyer. If the seller does not adjust or replace the device so that it is specifically fit for the particular needs of the buyer, the seller shall promptly refund to the buyer the total amount paid, the transaction shall be deemed rescinded | Cal. Civ. Code 1793.02 | ||||
| Massachusetts | a manual or motorized wheeled device which is adapted to meet the specific needs of a particular individual's disability | excluding an automobile, van or truck which a consumer purchases or accepts for transfer in the commonwealth | The duration of the express warranty shall be not less than one year after first delivery of the customized wheelchair to the consumer | accept return of the customized wheelchair and replace it with a comparable new customized wheelchair and refund any collateral costs; or (ii) accept return of the customized wheelchair and refund to the consumer and to any holder of a perfected security interest, as their interest may appear, the full purchase price and any finance charge amount paid by the consumer at the point of sale and any collateral costs, less a reasonable allowance for use | Mass. Gen. Laws ch. 93, s. 107 | a nonconformity within the warranty is subject to repair at least four times by the manufacturer, customized wheelchair lessor, or any of the manufacturer's authorized dealers and the nonconformity continues | out of service for an aggregate of at least thirty days because of a warranty nonconformity | ||
| Minnesota | an item, piece of equipment, or product system that is designed and used to increase, maintain, or improve functional capabilities of individuals with disabilities in the areas of seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, or working. The term includes, but is not limited to: manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of an individual | a transcutaneous electrical nerve stimulator, neuromuscular electrical stimulator, or dynamic range of motion splint, if the stimulator or splint is already covered by a warranty | within the term of an express warranty applicable to a new assistive device | To receive a comparable new assistive device, a consumer shall offer to the manufacturer of the assistive device having the nonconformity to transfer possession of that assistive device to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new assistive device or a refund | Minn. Stat. 325G.203 to 325G.208 | the manufacturer, assistive device lessor, or any of the manufacturer's authorized assistive device dealers accepts return of the new assistive device for repair at least two times | out of service for an aggregate of at least 30 cumulative days because of warranty nonconformities | ||
| Missouri | all assistive technology devices purchased or leased to assist in performing a major life activity. Such devices include, but are not limited to, motorized/manual wheelchairs, scooters, hearing aids, telecommunication devices, speech synthesizers, scanners and other devices which enable a person with a disability to communicate, see, hear or maneuver | The duration of the warranty must be no less than one year from the date of first delivery to the consumer | there have been four attempts by the manufacturer to repair the same defect and the problem continues | the device “down-time” is a total of 30 days during attempts to repair the same defect | |||||
| New Jersey | all new and “demonstrator” wheelchairs, motorized scooters designed primarily for indoor use, and retrofit power units | The warranty must last at least one year | you may be entitled to a replacement, refund, or early lease termination, minus a reasonable allowance for use | three unsuccessful attempts at repairing the same problem | out of service for twenty (20) cumulative days | ||||
| New York | any wheelchair, including a demonstrator, that a consumer purchases or accepts transfer of in this state | The duration of the express warranty shall not be less than one year after first delivery of the wheelchair to the consumer | you are entitled to either a comparable new wheelchair or a refund or, if you are leasing a wheelchair, replacement of your wheelchair with a comparable new wheelchair or a refund of the full purchase price plus any finance charge and collateral costs, minus a reasonable allowance for use | N.Y. General Business Law 670 | any nonconformity within the warranty is either subject to repair by the manufacturer, wheelchair lessor or any of the manufacturer’s authorized wheelchair dealers, for at least three times and a nonconformity continues | out of service for an aggregate of at least thirty days because of warranty nonconformity, after having been returned to the manufacturer, wheelchair lessor or any of the manufacturer’s authorized wheelchair dealers for repair | |||
| Ohio | a product designed and intended to be used to increase, maintain, or improve the functional capabilities of an individual with a disability in seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, working, or self-care. "Assistive device" includes a wheelchair, motorized scooter, assistive listening device, voice synthesized computer module, optical scanner, talking software, braille printer, environmental control, adaptive transportation aid, communication board, or any device that has a function similar to that of any of the foregoing devices | an invasive or noninvasive medical device that attempts to treat a medical condition or a hearing aid as defined in section 4747.01 of the Revised Code | The warranty shall be for a period of not less than one year from the day the consumer first possesses the assistive device | If the assistive device was purchased, accept return of the device and refund to the consumer and to the holder of any perfected security interest in the assistive device, as their interest may appear, the full purchase price plus any finance charges and collateral costs, less a reasonable allowance for use | Ohio Rev. Code 1345.90 to 1345.95 | unable to repair the defect in an assistive device despite three attempts to repair it | the assistive device is in the possession of the manufacturer or supplier for a cumulative total of forty-five or more days | five hundred dollars or more | it shall lend the consumer a comparable assistive device for use during the repair period if either of the following applies: (1) The repair period exceeds twenty-one days, including the day the assistive device is tendered to the manufacturer or supplier for repair; (2) The defect is the same defect for which the assistive device was returned to the manufacturer or supplier for repair on three or more previous occasions |
| Oregon | Wheelchairs and scooters of any kind, including other aids that enhance the mobility or positioning of an individual using a wheelchair or scooter of any kind, such as motorization, motorized positioning features and the switches and controls for any motorized features; and (b) Hearing aids as defined in ORS 694.015 | The duration of the warranty shall be not less than one year from the date of first delivery of the assistive device to the consumer | the manufacturer shall, after a reasonable attempt to repair the device or demonstrator, at the option of the consumer: (1) In the case of a sale, refund to the consumer and to any holder of a perfected security interest as their interest may appear, the full purchase price plus any finance charge or sales tax paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use | ORS 646A.460 to 646A.476 | The same nonconformity is subject to repair at least two times by the manufacturer or any authorized dealer and the nonconformity continues | out of service, by reason of repair or correction, for an aggregate of at least 30 days after notification to the manufacturer or any authorized dealer because of the nonconformity | A person required to repair an assistive device under this section shall provide the consumer a loaner if the absence of a loaner would be a threat to the safety of the user or if the assistive device is out of service for more than seven calendar days | ||
| Wisconsin | new three- or four- wheel scooters for use by people with disabilities and to new motorized wheelchairs that were purchased on or after November 1, 1992 | within the term of an express warranty applicable to a new motorized wheelchair or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner | the law entitles you to choose either a comparable new replacement or a refund | Wis. Stat. 134.87 | subject to repair by the manufacturer, motorized wheelchair lessor or any of the manufacturer’s authorized motorized wheelchair dealers at least 4 times and the nonconformity continues | out of service for an aggregate of at least 30 days because of warranty nonconformities |
Where this came from
Every record above links the page it was taken from and quotes the sentence that states it. These are the 13 sources this dataset was assembled from.
- leginfo.legislature.ca.govhttps://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1793.02
- malegislature.govhttps://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93/Section107
- revisor.mn.govhttps://www.revisor.mn.gov/statutes/cite/325G.203
- revisor.mn.govhttps://www.revisor.mn.gov/statutes/cite/325G.205
- at.mo.govhttps://at.mo.gov/missouri-assistive-device-lemon-law-consumer-guide/
- njconsumeraffairs.govhttps://www.njconsumeraffairs.gov/News/Consumer%20Briefs/motorized-wheelchair-lemon-law.pdf
- ag.ny.govhttps://ag.ny.gov/publications/wheelchair-lemon-law-guide
- codes.ohio.govhttps://codes.ohio.gov/ohio-revised-code/section-1345.92
- codes.ohio.govhttps://codes.ohio.gov/ohio-revised-code/section-1345.90
- codes.ohio.govhttps://codes.ohio.gov/ohio-revised-code/section-1345.91
- oregonlegislature.govhttps://www.oregonlegislature.gov/bills_laws/ors/ors646A.html
- docs.legis.wisconsin.govhttps://docs.legis.wisconsin.gov/statutes/statutes/134/87
- dhs.wisconsin.govhttps://www.dhs.wisconsin.gov/disabilities/physical/lemonlaw.htm
Machine-readable
- data.jsonThe whole dataset — every record with its source URL and source quote.
- Open Knowledge Format bundleOne JSON object per line — every record's frontmatter and quoted span exactly as it is held here, in one fetch.
- How this is made and checkedWhat "verified against source" does and does not mean.
From your own code
Same records, same quotes, without scraping the page: refsource is on PyPI and npm. Each value comes back carrying the URL it was read from and the sentence on that page that states it — .source and .quote sit on the value itself rather than in a side channel, so the checking step is available instead of skipped.
pip install refsource
refsource lookup state-assistive-device-lemon-laws state=California
npx -y refsource lookup state-assistive-device-lemon-laws state=California