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MOTORIZED WHEELCHAIR PROBLEMS If you buy or lease a new motorized wheelchair or scooter for use by persons with disabilities, under state law you have protection if the chair or scooter has chronic defects. Wisconsin Statute, section 134.87 is known as the Wheelchair Lemon Law. It entitles the owner of a chair or scooter that meets the statutory definition of a "lemon" to a refund or replacement and payment by the manufacturer of actual attorney fees and costs if you prevail. If you are successful in court under this statute, you are entitled to recover double the amount of any monetary loss, as well as payment of actual attorney fees and costs. The law applies to new motorized wheelchairs and new three-and four wheel scooters that are covered by a one-year express warranty. A "lemon" motorized wheelchair or scooter is one with a "substantial" defect or condition that the manufacturer or its authorized dealer has unsuccessfully attempted to repair at least four times or that has been out of service because of "substantial" defects for a total of 30 calendar days, which do not have to be consecutive. The defect or condition covered by the warranty must significantly impair the use, value or safety of the chair or scooter. Defects that are the result of abuse, neglect or unauthorized modification of the equipment by the owner are not covered by the law. Each time your equipment is in for repairs, make sure you obtain a repair invoice that shows the problems you reported. You should obtain a repair invoice even if the shop cannot determine or fix the problem, or if you are complaining about a continuing problem. If your equipment is in for repairs more than one day at a time, make sure the warranty repair order specifies the date it was brought in and the date it was returned. Keep copies of all purchase contracts, warranties, warranty repair orders, letters and other materials on the equipment and its problems. If you are experiencing motorized wheelchair or scooter problems, please contact Attorney Craig Vance at 262-255-5366 or use the Case Review Form. |
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