TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 14

ASSISTIVE TECHNOLOGY WARRANTY ACT

48-1407.  Enforcement. (1) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of the chapter in the district court of the county where the consumer resides or where the manufacturer resides or has its principal place of business. Damages include all costs to the consumer attributable to the nonconforming device, but does not include punitive damages. The court shall award a consumer who prevails in such action the amount of any pecuniary loss, and costs and reasonable attorney’s fees, and any other equitable relief the court deems appropriate.

(2)  These sections shall not be construed to limit rights or remedies available to the consumer under any other law and the remedies provided under this chapter are inclusive and in addition to any other remedies provided by law.

(3)  Any waiver by a consumer of rights under this chapter is void.

History:

[48-1407, added 1997, ch. 276, sec. 1, p. 822.]