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§ 8333. Body fluid and tissue limited civil immunity

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial Procedure

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VII. Civil Actions and Proceedings
Chapter 83. Particular Rights and Immunities (Refs & Annos)
Subchapter C. Immunities Generally
42 Pa.C.S.A. § 8333
§ 8333. Body fluid and tissue limited civil immunity
(a) General rule.--No person shall be held liable for death, disease or injury resulting from the lawful transfusion of blood, blood components or plasma derivatives, or from the lawful transplantation or insertion of tissue, bone or organs, except upon a showing of negligence on the part of such person. Specifically excluded hereunder is any liability by reason of any rule of strict liability or implied warranty or any other warranty not expressly undertaken by the party to be charged.
(b) Definition.--As used in this section the term “negligence” shall include but not be limited to any failure to observe accepted standards in the collection, testing, processing, handling, storage, transportation, classification, labelling, transfusion, injection, transplantation or other preparation or use of any such blood, blood components, plasma derivatives, tissue, bone or organs.

Credits

1976, July 9, P.L. 586, No. 142, § 2, effective June 27, 1978.
BAR ASSOCIATION COMMENT
Source Note: Substantially a reenactment of act of January 28, 1972 (No. 9) (35 P.S. § 10021).
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1972, Jan. 28, P.L. 20, No. 9, § 1 (35 P.S. § 10021).
42 Pa.C.S.A. § 8333, PA ST 42 Pa.C.S.A. § 8333
Current through 2017 Regular Session Acts 1 to 43, 45 and 49
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