LAS VEGAS (KTNV) — A local man has a brand new set of wheels after what he calls a months-long struggle with his previous motorized wheelchair.
When he called our newsroom in late December, I listened to his story and escalated his concerns. We also wanted to let you know about little-known statutes that can potentially help Nevadans dealing with defective assistive devices.
A motorized wheelchair is the main mode of transportation for Albert Reed given his current physical challenges.
WATCH | Nevada law offers little-known consumer protection for motorized wheelchair users
"I have a degenerative bone disease in my back, and I'm having a hip replacement. I have severe arthritis in my left hip. So I'm unable to walk more than 5 to 10 feet at a time," Reed said.
But he said his last wheelchair wasn't so reliable, and at times he'd have no choice but to get out and push it.
"I received a new wheelchair March 27 last year. In April of last year, I started having problems. It wouldn't go very far, the battery would drain instantly. It's been a lot of occasions where I've basically had to get out and push my chair a pretty good distance," he said.
He said he would send it back to the company he got it from, Rider Mobility, time and time again for repairs, but every time he got it back, he said the same problem would recur. For months, he said he was given a loaner as they tried to work out his perceived issues with his chair.
"I could only go maybe a mile, and the battery would completely drain. Ordinarily, the battery has a 6 to 8 hour riding time," Reed said.
"I was totally frustrated because that's my legs, these are basically my legs for the time being," Reed added.
After calling Channel 13 and sharing his story with me, I escalated his concerns to corporate leadership at Rider Mobility, which immediately responded and vowed to investigate.
It turns out, it was a manufacturing issue, according to Reed, and Reed tells me that since Rider Mobility was just the distributor, they realized they weren't able to properly diagnose, detect, and address the problem. So, he said Rider Mobility contacted the manufacturer, which sent someone out to take a closer look. Within days, Reed said what he had suspected all along was confirmed — the chair was defective.
"After he did all the tests and took it to his superior, his superior told him that chair should've been changed out long ago," Reed said.
On February 11, I was there when Reed's new — fully functioning — chair was delivered. It was a joyous moment, months in the making.
"It's almost indescribable, it's just a great deal of relief," Reed said.
"I really thank Channel 13 because without someone being able to go up a little higher than I was able to, I might not have been able to get this situation resolved," Reed said.
Reed also thanked Rider Mobility leadership for taking action and ensuring it got addressed. I've been in contact with Rider Mobility, which declined to comment on Reed's case due to privacy, but did share some steps people can take if they're having issues with their device and struggling to get it repaired. According to Rider Mobility, "if any client is experiencing difficulty getting repairs, the first step is to file a complaint with the 'compliance officer' employed by the supplier that provided the chair. If their concerns are not addressed in a timely manner, they should file a complaint with the insurance payer, the Nevada State Board of Pharmacy, or even the accreditation organization."
Through investigating his story, I also learned about little-known statutes in Nevada that can protect consumers who have defective assistive devices.
Peter Aldous, a staff attorney at Legal Aid Center of Southern Nevada, pointed out that just like Nevada has lemon law, which protects consumers who buy defective cars, also known as "lemons," the Silver State has legal protections for assistive devices, too.
"You have to get a warranty when you get an assistive device. So it's not just motorized wheelchairs, it's hearing aids, if you need Braille devices, anything that helps you see, or communicate or move around, those have to have warranties, and those warranties have to have teeth basically," Aldous said.
That requirement is laid out in NRS 597.2653, which requires manufacturers of new, motorized wheelchairs and other assistive devices to provide an express warranty for at least one year from delivery.
Another key statute to note is NRS 597.2657, which requires a manufacturer to replace the assistive device or refund the customer if they are unable to fix it after a "reasonable number of repairs."
"This, in effect, is like a lemon law for these assistive devices. It's the idea that it has to work when you buy it. Unlike a lot of other products, that they may have a 90-day limited warranty that only works for manufacturer's defects, so if they claim that you damaged it or that it was something else, then they're not going to fix it. For these assistive devices like motorized wheelchairs, you do have more strong protections in the law," Aldous said.
