An assistive technology device is any device, including a demonstrator, which you purchase or receive in Louisiana and which is used for a major life activity. These include devices that help people with disabilities to communicate, see, hear, or maneuver. This law does not cover batteries or other nonfunctional accessories.

An express warranty is a guarantee that protects you when the device does not work. It does not cover problems with the device caused by neglect, abuse, or unauthorized modification.

Like cars, assistive devices can suffer from substantial defects that arise in the device itself, and not from abuse, neglect, or unauthorized modification. The device can be considered a “lemon” and a refund or replacement may be appropriate if:

Yes. All devices are covered for at least one year from the time of purchase. If there is an express warranty on the device that lasts longer than one year, the device is covered until the end of that warranty.

Manufacturers are required to provide this information to people who purchase or lease equipment. It is helpful to keep a notebook or file with all the above information and documentation of problems and repair information.

It is important to keep accurate records about your new device. When experiencing difficulties with the device, be sure to write a detailed description of the problem(s), including the times and dates of the difficulty(ies), the name, time, date and instructions of any local dealer, lessor, manufacturer, service provider, or manufacturer representative with whom you have spoken.

It is helpful to keep a notebook with all this information. Any repair orders or receipts should be added to your notebook.

If minor adjustments are needed, do not attempt to make the adjustments yourself without first checking with the manufacturer. Never attempt to modify, alter, upgrade or improve your device without first contacting and getting written approval from the dealer/ manufacturer. Any unauthorized tampering with the device may void your warranty.

If minor adjustments are made at your home, school, or office, ask the service representative for a copy of the repair invoice. It is important that with each problem, no matter how small, you keep an accurate record. Repeated minor adjustments can be a sign of a larger problem and will be important later if a replacement or refund is requested.

Maybe. You may ask for a loaner if you meet one of these two requirements:

Under the “Lemon Law” (LSA 51: 2766), the manufacturer must reimburse you up to 20 dollars ($20.00) per day to cover the cost of renting a loaner if no comparable replacement device is provided and the requirements listed above have been met.

It is advised that you request reimbursement in writing and place a copy of your request in your device notebook.

By law (LSA 51: 2764), the manufacturer is required to provide a refund or replacement of a device, upon your request if the manufacturer, dealer, or lessor either

Devices are covered under the lemon law for at least one year after purchase. If the device comes with an express warranty that lasts longer than 1 year, it is covered until the warranty expires.

If you requests a refund for a device which was purchased, the manufacturer is required to refund to you the full purchase price plus any finance charge or sales tax you paid at the point of sale, less a reasonable allowance for use. The manufacturer is also required to pay any collateral costs you incurred, such as the costs of shipping or otherwise transporting the device to be repaired.

When the manufacturer provides the refund, you should then return the defective assistive device to the manufacturer, along with any signed documents necessary to transfer legal possession of the device to the manufacturer.

The manufacturer must refund to you the amount that you paid under a written lease plus any collateral costs, subtracting an allowance for use.

If you chooses to receive a comparable new assistive device, the manufacturer must provide you with the comparable new assistive device no later than thirty (30) days after you offer to transfer possession of the defective device to the manufacturer.

If you decide to seek a refund or reimbursement of your defective device, your request should be in writing, and sent certified mail to the manufacturer.

A manufacturer has no longer than 30 consecutive days from the receipt of your request in which to issue a refund or deliver a replacement.

You have the right to enforce the provisions of LSA-R.S. 51:2762, the New Assistive Device Warranties Act, in any state court within Louisiana. You may bring an action to recover any damages caused by a violation of the “Lemon Law” within one year of the violation.

If successful, the court is allowed to award you no more than twice the amount of any monetary loss, together with any costs, disbursements and reasonable attorney fees. The court may also award any equitable relief that it determines is appropriate.