(a)The operator of an alkaline hydrolysis facility is not liable for damages in a civil action for the following actions or omissions, unless the actions or omissions were made with malicious purpose, in bad faith, or in a wanton or reckless manner:
(1)Having performed the resomation of the decedent, or having released or disposed of the resomated remains, in accordance with the instructions of the decedent or an heir or personal representative of the decedent;
(2)Having performed the resomation of the decedent or body parts removed from the decedent or living person or having released or disposed of the resomated remains in accordance with the instructions of the decedent or an heir or personal representative of the decedent; or (3) Failure to correctly identify a dead human body prior
Free access — add to your briefcase to read the full text and ask questions with AI
(a) The operator of an alkaline hydrolysis facility is not liable for damages in a civil action for the following actions or omissions, unless the actions or omissions were made with malicious purpose, in bad faith, or in a wanton or reckless manner: (1) Having performed the resomation of the decedent, or having released or disposed of the resomated remains, in accordance with the instructions of the decedent or an heir or personal representative of the decedent; (2) Having performed the resomation of the decedent or body parts removed from the decedent or living person or having released or disposed of the resomated remains in accordance with the instructions of the decedent or an heir or personal representative of the decedent; or (3) Failure to correctly identify a dead human body prior to resomation. (b) The operator of an alkaline hydrolysis facility is not liable for damages in a civil action for refusing to accept a dead human body or body parts or to perform a resomation under the following circumstances, unless the refusal was made with malicious purpose, in bad faith, or in a wanton or reckless manner: (1) The operator has actual knowledge that there is a dispute regarding the resomation of the decedent or body parts, and the operator has not received an order of the court having jurisdiction ordering the resomation of the decedent or body parts; (2) The operator has a reasonable basis for questioning the accuracy of the information or statements provided to the operator with respect to the resomation of the decedent or body parts; or (3) The operator has any other lawful reason for refusing to accept the dead human body or body parts or to perform the resomation. (c) The operator of an alkaline hydrolysis facility is not liable for damages in a civil action in connection with the resomation of or disposition of the resomated remains of dental gold or silver, jewelry, or other items of value delivered to the facility with a dead human body or body parts unless the actions or omissions of the operator were made with malicious purpose, in bad faith, or in a wanton or reckless manner. (d) This section does not create a new cause of action or substantive legal right against the operator of an alkaline hydrolysis facility. (e) This section does not affect immunities from civil liability or defenses established by law to which the operator of an alkaline hydrolysis facility may be entitled.