The Wheelchair Lemon Law Keeps You Rolling!

Scooter and Wheelchair Lemon Law

Wheelchair lemon law is designed to keep you mobile. If you’ve every thought about purchasing a motorized wheelchair as seen on TV, then you want to be assured that the money you plunk down will be a good investment. This lemon law protects you from motorized scooters should they fail to live up to their promises.

The provisions of this particular protection most often fall under the federal Magnuson-Moss Warranty Act. Many states have similar lemon law statutes on the book, so you have options if you need to make a claim under wheelchair lemon law.

As anyone who has one of these motorized wheelchairs will tell you, the scooters are highly complex. Occasionally, one will lack the quality or functionality that it is supposed to have. You may have a clinker, a clunker or even a lemon.

Unfortunately, a motorized scooter that is a lemon reduces your mobility severely. That’s why these particular lemon laws were put into place, so you don’t have to accept an inferior product, make due with a motorized wheelchair that is always in the repair shop or even risk injury or death because of a safety issue.

As with most lemon laws, wheelchair lemon law requires that you give the manufacturer a chance to fix the product first. Before you can take advantage of the provisions in the lemon law, you usually have to have the chair repaired anywhere between three and four times. However, if the issue is one of safety, you can usually invoke the lemon law after the first attempt at repairs fails.

Sometimes the first attempts work. In these cases, you have no rights to make a claim under the lemon law. The laws are in place to protect you from having a lemon, not to give you a recourse if you simply don’t like the chair.

If you determine that the wheelchair lemon law is your only option after having the same issue repaired multiple times, then you will want to get all your paperwork in order. This includes your receipts, bill of sale, written warranty, claims forms and letters or call logs showing you’ve contacted the manufacturer about the issue. You really can’t have too much paperwork to back up your claims.

If you live in California, Florida or Wisconsin, you have an excellent chance of winning your case because they have wheelchair lemon law statutes on the books. If you live elsewhere, you can use the provisions of the Magnuson-Moss Warranty Act to get your problem remedied.

Under the wheelchair lemon law, you’re entitled to receive a new motorized wheelchair or to have your current one bought back and the money refunded to you. If the case goes all the way to court, you may also be able to recoup the cost of the repairs as well as your court and attorney fees.

You should be able to tell shortly after you get your motorized wheelchair home whether or not it's a lemon. Problems with lemon wheelchairs usually begin almost immediately. Of course, minor adjustments and repairs are to be expected, but if your scooter is always in the shop it may be a wheelchair lemon.

The key with wheelchair lemon law, or any lemon law for that matter, is to act quickly. The laws require your wheelchair to be under warranty and you need to have had it repaired several times for the same issue. Since the motorized wheelchair is under warranty, the manufacturer is required to fix it by law. If they can’t then they need to either refund your money or give you a new motorized scooter. This is your choice – not theirs. If they offer a new scooter and you want your money back instead and return the model you purchased, you have every right to do so under the law.

Before you buy a motorized wheelchair or scooter, you may want to do some research on the Internet to find out which ones are best and which ones appear to be lemons. This will save you an awful lot of time and stress since there will be less likelihood that you’ll have to make a claim under lemon law. If you have friends who are physically challenged, you may want to ask them about their experiences with the brand or model you’re interested in. They may also be able to tell you if they’ve ever had any personal wheelchair lemon law experiences.

If you need to make a lemon law claim, see an attorney. They will be able to walk you through the laws in your area as they apply to you and recommend a smart course of action regarding your own motorized wheelchair issues.

NOTE:The information here is not legal advice and is only presented to you so you can know your options if you purchased a lemon. As with any legal issue, you should seek the advice of a qualified attorney.



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