The implied warranties of merchantability and fitness are not applicable to a contract for the sale, procurement, processing, distribution, or use of human tissues including, but not limited to, corneas, bones or organs, whole blood, plasma, blood products, or blood derivatives. Human tissue, whole blood, plasma, blood products, and blood derivatives must not be considered commodities subject to sale or barter, and the transplanting, injection, transfusion, or other transfer of these substances into the human body are considered a medical service.
S.C. Code Ann. § 44-43-10
Applicability of implied warranties of merchantability and fitness
Applied in 7 court decisions — leading case 73 Md. App. 1 - Roberts v. SUBURBAN HOSPITAL ASS'N, INC. (1987)
Most recently applied in In re Coloplast Corp. Pelvic Support Systems Products Liability Litigation (December 2016)
1962 Code SECTION 32-559; 1968 (55) 2670; 2006 Act No. 334, SECTION 1, eff June 2, 2006; 2009 Act No. 4, SECTION 1, eff May 6, 2009.
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.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.