The procurement, processing, storage, distribution, or use of whole blood, plasma, blood products, blood derivatives, bodily tissue, tissue products, organs, parts of organs or products derived therefrom for the purpose of injecting, transfusing or transplanting the same, or any of them, into the human body for any purpose whatsoever is declared to be the rendering of a service by any person or entity (except a paid blood, organ or tissue donor, or a blood, organ or tissue bank operated for profit) participating therein and does not constitute a sale, whether or not any consideration is given therefor, and the implied warranties of merchantability and fitness for a particular purpose shall not be applicable as to a defect that cannot be detected or removed by reasonable use of standard established scientific procedures or techniques, except such person or entity shall remain liable for his or its own negligence or willful misconduct only.
Idaho Code § 39-3702
Exclusion or modification of warranties on anatomical tissue, organ, fluid donation services
Applied in 3 court decisions — leading case 73 Md. App. 1 - Roberts v. SUBURBAN HOSPITAL ASS'N, INC. (1987)
Most recently applied in 852 F. Supp. 909 - Doe v. Cutter Biological, a Division of Miles, Inc. (May 1994)
I.C., § 39-3702, as added by 1971, ch. 24, § 2, p. 60; am. 1987, ch. 148, § 2, p. 294.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.