The Montana Wheelchair Warranty Act, more commonly known as the "Wheelchair Lemon Law," was passed by the 1995 Montana Legislature and signed into law by Governor Racicot in March 1995. This Act became effective October 1, 1995, and it covers any new wheelchair or scooter - manual or electric - purchased on or after that date.

What do I do if my wheelchair or scooter breaks?

If your wheelchair breaks within one year after it is delivered to you, you should demand that the manufacturer fix it or get you a new one.

Do I take it to the dealer I purchased the wheelchair from or the manufacturer of the wheelchair?

You contact the manufacturer, not the dealer you purchased it from.

What if the manufacturer attempts to repair my wheelchair or scooter but it still does not work?

If the manufacturer fails to repair the wheelchair or scooter after two or more attempts to fix the defect OR the wheelchair or scooter is out of service because of the defect for a total of 45 days, the manufacturer should replace the wheelchair with the same model, style, and comparable value OR you can return the wheelchair to the manufacturer for a refund of the full purchase price plus any finance charges and cost of obtaining an alternative wheelchair, less reasonable costs for the use of the wheelchair.

What if the manufacturer did not give me a one-year "express" warranty when I purchased the wheelchair or scooter?

If the manufacturer did not give you a one-year "express" warranty when you purchased your wheelchair or scooter, it is covered by a two-year "implied" warranty following the date it was delivered to you.

What can I do if the manufacturer fails to repair or replace my wheelchair or scooter?

If the manufacturer fails to repair or replace your wheelchair or scooter, you can sue them and get three times the amount of your damages.

For more information on the Montana Wheelchair Warranty Act, contact:

Disability Rights Montana
1022 Chestnut Street
Helena, Montana 59601
Voice/TDD (406) 449-2344
Toll-free (800) 245-4743
Fax (406) 449-2418

E-mail: advocate@disabilityrightsmt.org