Maine Revised Statutes Title 10 Sec. 1500-E – Other remedies
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1. Rights. This section may not be construed to limit rights or remedies available to a consumer under any other law.
[PL 1997, c. 235, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 1500-E
- Assistive device: includes , but is not limited to, manual wheelchairs, motorized wheelchairs, motorized scooters and other aids that enhance the mobility of the individual; hearing aids, telephone communications devices for the deaf, or TDD, assistive listening devices and other aids that enhance an individual's ability to hear; voice synthesized computer modules, optical scanners, talking software, braille printers and other devices that enhance a sight-impaired individual's ability to communicate; and any other assistive device that enables a person with a disability to communicate, see, hear or maneuver. See Maine Revised Statutes Title 10 Sec. 1500
- Consumer: means a person who purchases or leases an assistive device from a dealer or manufacturer for purposes other than resale; a person to whom an assistive device is transferred for purposes other than resale while an express warranty is in effect; a funding source that purchases a device for a person with a disability; or a person otherwise legally qualified to enforce a warranty. See Maine Revised Statutes Title 10 Sec. 1500
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
2. Enforcement. A consumer may bring an action to recover for damages caused by a violation of this chapter. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, plus reasonable costs and attorney’s fees.
It is a valid defense to an action brought under this subsection if, at the time of sale, the dealer had no reasonable way of knowing that the device was intended to be used within manufacturer specifications by the consumer as an assistive device as defined by section 1500, subsection 1.
[PL 1997, c. 235, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 235, §1 (NEW).