24-5-20-1. Applicability of Chapter
Sec. 1. This chapter does not apply to assistive devices purchased by, leased by, or transferred to a consumer before July 1, 1999. As added by P.L.85-1999, SEC.1.
24-5-19-11. Penalties
Sec. 11. (a) A person that violates this chapter is subject to the penalties set forth in IC 24-5-0.5. (b) The penalties set forth in IC 24-5-0.5 apply whether or not a recipient of the person’s solicitation is actually deceived. As added by P.L.176-1997, SEC.1.
24-5-20-2. “Assistive Device” Defined
Sec. 2. As used in this chapter, “assistive device” means any new device, including a demonstrator, that a consumer purchases or accepts transfer of in Indiana that is used for a major life activity. The term includes the following devices: (1) Manual wheelchairs, motorized wheelchairs, motorized scooters, and other aids that enhance the mobility of […]
24-5-20-3. “Collateral Costs” Defined
Sec. 3. As used in this chapter, “collateral costs” means expenses incurred by a consumer in connection with the repair of a nonconformity, including the reasonable costs of obtaining an alternative assistive device. The term does not include the cost of an alternative assistive device. As added by P.L.85-1999, SEC.1.
24-5-20-4. “Consumer” Defined
Sec. 4. As used in this chapter, “consumer” means any of the following: (1) An individual who is a person with a disability as defined in the federal Americans With Disabilities Act (42 U.S.C. 12101(2)) or the individual’s legal representative: (A) who has purchased an assistive device from an assistive device dealer or manufacturer for […]
24-5-20-5. “Dealer” Defined
Sec. 5. As used in this chapter, “dealer” means a person who is in the business of selling or dispensing assistive devices. As added by P.L.85-1999, SEC.1.
24-5-20-6. “Demonstrator” Defined
Sec. 6. As used in this chapter, “demonstrator” means an assistive device used primarily for the purpose of demonstration to the public or loan to a consumer. As added by P.L.85-1999, SEC.1.
24-5-20-7. “Manufacturer” Defined
Sec. 7. As used in this chapter, “manufacturer” means a person that manufactures or assembles assistive devices. The term includes the agents of that person, an importer, a factory branch, and any warrantors of the person’s assistive device. The term does not include a professional who fabricates, without charge, a device for use in the […]
24-5-20-8. “Nonconformity” Defined
Sec. 8. (a) As used in this chapter, “nonconformity” means a condition or defect that significantly impairs the use, value, function, or safety of an assistive device or any of its components. (b) The term does not include a condition or defect of the assistive device that: (1) is the result of: (A) abuse, misuse, […]
24-5-20-9. Reasonable Attempt to Repair
Sec. 9. For purposes of this chapter, a “reasonable attempt to repair” has occurred if, within one (1) year after the date of first delivery of the assistive device, either of the following applies: (1) The same nonconformity has been subject to repair two (2) or more times by the manufacturer, assistive device lessor, or […]