Assistive Device Lemon Laws: Enhanced Protections

For individuals who rely on assistive devices—including but not limited to mobility vehicles, powered wheelchairs or scooters, and communication aids—functioning equipment isn't just a matter of convenience. It's a necessity. These devices are integral to navigating the world, accessing employment and education, and performing daily activities. When a device breaks down or malfunctions and cannot be effectively repaired, the consequences can be devastating. That’s where Assistive Device Lemon Laws come in, and if you're in this situation, contact the experienced Assistive Device Lemon Law Lawyers at Thompson Consumer Law Group today for a free case review.

Assistive Device Lemon Laws are state statutes that provide legal remedies when an assistive technology product is defective and fails to perform as warranted. Similar to automobile lemon laws, these laws allow consumers to seek a refund or replacement after a reasonable number of unsuccessful repair attempts or extended periods out of service. These laws also provide attorney fees and court costs to the prevailing consumer, meaning you can get representation from experienced assistive device warranties act attorneys at Thompson Consumer Law Group at no cost to you.

However, the comparison to car lemon laws ends there. Assistive device users face significantly different—and often more urgent—challenges.

1. Immediate Health and Safety Risks
   When a vehicle breaks down, the inconvenience is frustrating, but alternatives—like public transport, rideshares, or rentals—often exist. But when a mobility vehicle or device fails, especially in public or away from home, users may be stranded without the means to move, communicate, or reach essential services. A defective device can lead to serious injuries or hospitalizations.
2. Lack of Accessible Alternatives
   For many people, an assistive device is uniquely configured to fit their body, medical needs, or living environment. Replacements aren’t as simple as buying something off-the-shelf. When a device is unusable, there is often no viable substitute readily available.
3. Economic Burden and Limited Financing Options
   Assistive technology is expensive. Even with insurance or Medicaid support, out-of-pocket costs can be high. Consumers are not just inconvenienced by breakdowns—they are often financially trapped, having made a significant investment in a product that no longer serves its purpose.
4. Dependence on Manufacturer Expertise
   Unlike consumer electronics or cars, assistive devices are often serviced only by specialized technicians. Users are at the mercy of manufacturer-controlled repair channels, which can be slow and geographically limited.

“Maria” is a 44-year-old woman living in a mid-sized town. She uses a power wheelchair due to a spinal cord injury and depends entirely on her mobility-adapted van to get to work, attend physical therapy, and run daily errands.

A few months after purchasing the van, the electronic ramp mechanism began malfunctioning. Sometimes, it wouldn’t deploy at all. Other times, it would get stuck halfway. The dealership attempted to repair it—twice—but the problem kept coming back. On one occasion, Maria was left stranded in a parking lot for hours, unable to enter her vehicle until a friend arrived with tools to manually override the system.

When the van is out of service, Maria’s life grinds to a halt. She can’t ride the city bus because it doesn’t have a reliable wheelchair lift. Her home is in a suburban neighborhood where public transportation is scarce. Taxis in her area don't have wheelchair-accessible vehicles. Her only options are:

• Asking friends and family to drive her to work or appointments—often requiring multiple people to lift her and her chair.
• Using Uber or Lyft to travel while her wheelchair is transported separately—a logistical and expensive safety challenge.
• Missing work, which leads to lost wages and jeopardizes her job.
• Postponing medical care, risking further health complications.

Maria’s story, while fictional, reflects the lived reality of thousands of Americans. The failure of an assistive device isn’t a minor inconvenience—it can unravel a person’s entire routine, jeopardize employment, threaten health, and erode independence. That’s why these legal protections, both state and federal, are not just helpful—they're essential. Do you have a story similar to Maria’s?

While the specifics vary by state, most assistive device lemon laws include:

• Coverage of the device for a defined period (often one year) after purchase or delivery.
• A right to repair, replacement, or refund if the device cannot be fixed within a “reasonable” number of attempts.
• A provision for loaner devices while repairs are being made.
• Prohibition against charging consumers for shipping or labor during the warranty period.
• A right to file suit or pursue arbitration if the manufacturer or dealer fails to comply.
• Recovery of attorney fees and court costs, providing representation at no out-of-pocket expense to the qualified consumer.

Given the importance of these laws, some states allow consumers to recover double or even treble damages for violations of these laws. In the context of assistive device lemon laws, increased damages may be available because:

• The stakes are higher: A nonfunctional device isn’t just an inconvenience—it can lead to isolation, injury, lost income, or a loss of autonomy.
• Bad faith repair practices: Some manufacturers or dealers may delay or deny repairs, fail to disclose defects, fail to perform the repairs in a timely manner, or provide temporary fixes that don’t address the underlying issue.
• Deterrence: Treble damages serve as a strong incentive for manufacturers to take these laws seriously. Knowing that they could be liable for three times the cost of a $10,000 wheelchair encourages better quality control and faster, more respectful service to disabled consumers.

Many states have enacted specific Assistive Device Lemon Laws, and among those that have, the scope and strength of protections vary significantly. Many include a broad range of mobility, communication, and sensory devices. But not every state has enacted such laws.

For consumers in states without a specific lemon law, fortunately they may still have recourse under other state and federal laws—most notably the Magnuson-Moss Warranty Act. This law:

• Applies to any product that comes with a written warranty (including assistive devices).
• Requires manufacturers and sellers to honor the terms of their warranty.
• Allows consumers to pursue legal remedies in court if a product is not repaired within a reasonable time.
• Can entitle the consumer to attorney’s fees and costs if they prevail in the case—which allows experienced assistive device warranties lawyers to represent you at no cost.

The Magnuson-Moss Warranty Act doesn’t provide the same structured remedies as some assistive device lemon laws, but remains a powerful tool for holding manufacturers accountable when a defective assistive device continues to fail under warranty.

Nonetheless, comprehensive, clear, and accessible state-level protections remain crucial. And advocates for disability rights have called for a more unified national standard—similar to the Magnuson-Moss Warranty Act—to ensure consistent and robust protections for all users of assistive technology. In the meantime, awareness of individual state laws remains critical.

Assistive device lemon laws recognize a fundamental truth: When assistive technology fails, real lives are affected in real and immediate ways. These laws aim to restore not just function, but dignity and independence.

If you or a loved one has experienced persistent problems with a mobility or assistive device, understanding your rights—and whether your state has lemon law protections—can make all the difference. Contact our experienced assistive device warranties lawyers today for a free case review.