Buying or leasing a brand new motorized wheelchair or a scooter may subject you to a protection in case the wheelchair has chronic defects. However, this is only applicable if the purpose for buying or leasing is due to the purpose of use by person with disability. Based on the Wheelchair Lemon Law of Wisconsin, the equipment owner is entitled for a refund or wheelchair replacement that complies to the term “lemon” in its statutory definition.
The Wheelchair Lemon Law
To be able to define the definition of this law regarding motorized wheelchair or scooter in Wisconsin, let us discuss everything in detail.
Any brand new scooters or chairs with three to four wheels for the purpose of utilization by those individuals with disabilities are covered with this law. It also includes those new motorized wheelchairs that were bought on the exact date or after November 1, 1992. Subsequent to that, any motorized three or four-wheeled equipment must have one year warranty if it was purchased after the said year.
The law will still provide the one year warranty even if the manufacturer does not offer any.
The term “lemon”
In the Wisconsin wheelchair law, aside from the law in using helmet, the term “lemon” is referred to a motorized wheelchair or scooter that have a so-called substantial defect. This defect was said to be unsuccessfully tried to repair by the manufacturer or dealer for at least four times. A lemon could also be referred to motorized wheelchair that has not been used for service because of the defects deemed to be substantial for about 30 calendar days.
Basically, the defects are classified if they impair the use, the safety, and the value of the wheelchair in a significant manner. This defect includes the defective motor but not the rattling noise produced by the wheelchair. Moreover, any defects resulted from abuse or unauthorized modification of the equipment are not included to be protected by the law.
Who will get the recourse?
Generally, the owner of the motorized wheelchair have the recourse under the law. In addition, if you also lease the said equipment, you will also have to be recourse. This is within the time period of one year warranty.