Assistive Device State Lemon Laws
Minnesota
Minnesota Statutes 325 G
Summary of the Law:
Who
& What is covered:
Minnesota's statute covers any consumer who acquires
by purchase, lease, transfer, or ability to enforce the warranty
an assistive device.
Consumer Remedies:
Under the statute, any defect or malfunction with
an assistive device must be fixed within a reasonable number of
attempts while within the warranty period. If a defect or malfunction
is not fixed within a reasonable number of attempts, the consumer
is entitled a replacement assistive device or a refund of the price
paid.
Resale of "lemon" assistive devices:
Any assistive device which is repurchased by the
manufacturer because it is a "lemon" under this statute
cannot be resold in Minnesota without full disclosure to the consumer.
Details of the Law:
Devices Covered: Any 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; hearing aids, assistive listening devices,
and other aids that enhance an individual's ability to hear or
communicate; voice-synthesized computer modules, optical scanners,
talking software, Braille printers, large print materials, and
other devices that enhance an individual's ability to access print
or communicate; and other assistive devices such as environmental
controls, adaptive transportation aids, communication boards, and
modified environments.
"Assistive device" does not include 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.
Persons Covered: purchaser, lessor, transferee, anyone
entitled to enforce warranty
Period Covered: Express warranty must be provided
no shorter than 1 year from the date of purchase.
Disclosure Requirements:
Required Consumer Notice:
Repair Requirements: Nonconformity must be repaired
within a reasonable number of attempts
Affirmative Defenses:
Replace or refund: Replacement or Refund
Other reimbursement:
Other remedies:
Informal dispute resolution:
Resale of Lemon:
Links to State Info:
Adaptive
Access Center for Independent Living
Direct
Ability Web Resources
Giant
Resource Page, Tons of Links
Minnesota
State Academy for the Deaf
Northern
Voices School for the Deaf (Roseville)
State
Council on Disability Information - Links
