[PART III. 
GENERAL PROVISIONS]



 



Revision Note



 



  This part was renumbered from part IV.



 



 



[§327-51]  Exemption from strict liability. 
No physician, surgeon, hospital, blood bank, tissue bank, or other person or
entity who donates, obtains, prepares, transplants, injects, transfuses, or
otherwise transfers, or who assists or participates in obtaining, preparing,
transplanting, injecting, transfusing, or otherwise transferring any tissue,
organ, blood or component thereof, from one or more persons, living or dead, to
another person, shall be liable as a result of any such activity, save and
except that each such person or entity shall remain liable for the person's or
its own negligence or wilful misconduct. [L 1971, c 102, §1; gen ch 1985]



 



Law Journals and Reviews



 



  Tort and Insurance "Reform" in a Common Law Court. 
14 UH L. Rev. 55.



 



Case Notes



 



  Blood shield law precluded strict liability but not
negligence claims of hemophiliac exposed to AIDS virus through injections of
blood component, although actual tortfeasor was not identified, under
market-share theory of liability.  72 H. 416, 823 P.2d 717; 971 F.2d 375.