§327-51 - Exemption from strict liability.

[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 orentity who donates, obtains, prepares, transplants, injects, transfuses, orotherwise 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, toanother person, shall be liable as a result of any such activity, save andexcept that each such person or entity shall remain liable for the person's orits 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 notnegligence claims of hemophiliac exposed to AIDS virus through injections ofblood component, although actual tortfeasor was not identified, undermarket-share theory of liability.  72 H. 416, 823 P.2d 717; 971 F.2d 375.