Section 57A-2-315.1 - Implied warranties--Exclusion of sales of blood, blood plasma, human tissue ororgans as medical services. - South Dakota Statutes

57A-2-315.1. Implied warranties--Exclusion of sales of blood, blood plasma, human tissue or organs as medical services. The implied warranties of merchantability and fitness shall not be applicable, so far as the transmission of certain infectious diseases, such as viral hepatitis, cytomegalovirus, human immunodeficiency virus, malaria and syphilis, and potential immunologic reactions, which diseases and reactions cannot be detected by standard testing are concerned, to a contract for the sale of human blood, blood components, or other human tissue or organs from a blood bank or reservoir of such other tissue or organs. Blood, blood components or tissue or organs shall not for purposes of this chapter be considered commodities subject to sale or barter, but shall be considered as medical services.

Source: SL 1966, ch 150, § 2-315 as added by SL 1968, ch 190; SDCL Supp, § 57-4-33; SL 1987, ch 367.