Motorized Scooters: Investigation

Have you purchased a motorized scooter that is malfunctioning? It can be a frustrating experience trying to get your scooter repaired, and when your scooter is not working, you are left without the ability to live independently.

KBK attorneys are currently investigating whether manufacturers of these products are complying with California’s Lemon Law. The Song-Beverly Consumer Warranty Act, commonly known as California’s “lemon law,” is one of California’s strongest consumer protection statutes and is remedial in nature. Martinez v. Kia Motors Am., Inc., 193 Cal. App. 4th 187, 191 (2011). The Song-Beverly Act creates various statutory rights in favor of purchasers of consumer goods, which are defined as “any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables,” including “new and used assistive devices sold at retail.” Cal. Civ. Code § 1791(a).

When a manufacturer tries to get you to pay for repairs that should be covered under warranty, it could be violating the law. A manufacturer of consumer goods is obligated to pay for repairs necessitated by manufacturing defects while a consumer good is under warranty. See Parker v. Alexander Marine Co., 721 F. App’x 585, 586 (9th Cir. 2017).

Manufacturers of these types of scooters include Pride Mobility Products Corporation.

If you are having problems with your wheelchair that is covered under warranty, call us today for a free consultation.