§ 39-3702 — EXCLUSION OR MODIFICATION OF WARRANTIES ON ANATOMICAL TISSUE, ORGAN, FLUID DONATION SERVICES

The procurement, processing, storage, distribution, or use of whole blood, plasma, blood products, blood derivatives, bodily tissue, tissue products, organs, parts of organs or products derived therefrom for the purpose of injecting, transfusing or transplanting the same, or any of them, into the human body for any purpose whatsoever is declared to be the rendering of a service by any person or entity (except a paid blood, organ or tissue donor, or a blood, organ or tissue bank operated for profit) participating therein and does not constitute a sale, whether or not any consideration is given therefor, and the implied warranties of merchantability and fitness for a particular purpose shall not be applicable as to a defect that cannot be detected or removed by reasonable use of standard established scientific procedures or techniques, except such person or entity shall remain liable for his or its own negligence or willful misconduct only.

Legislative History

[I.C., sec. 39-3702, as added by 1971, ch. 24, sec. 2, p. 60; am. 1987, ch. 148, sec. 2, p. 295.]