Arkansas Code Annotated

Ark. Code Ann. § 20-9-801 (2026)

Declaration of policy

✓ current as of May 2026
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  1. The availability of scientific knowledge, skills, and materials for the transplantation, injection, transfusion, or transfer of human tissue, organs, blood, and components thereof is important to the health and welfare of the people of this state.
  2. The imposition of legal liability without fault upon the persons and organizations engaged in such scientific procedures inhibits the exercise of sound medical judgment and restricts the availability of important scientific knowledge, skills, and materials.
  3. It is therefore the public policy of this state to promote the health and welfare of the people by limiting the legal liability arising out of such scientific procedures to instances of negligence or willful misconduct.

History. Acts 1971, No. 462, § 1; A.S.A. 1947, § 82-1607.

Case Notes

Cited: Kirkendall v. Harbor Ins. Co., 698 F. Supp. 768 (W.D. Ark. 1988).

Notes of Decisions
Cited in 1 case, 1999–1999 · leading case: Kohl v. Am. Home Prods. Corp., 78 F. Supp. 2d 885 (W.D. Ark. 1999).
Kohl v. Am. Home Prods. Corp., 78 F. Supp. 2d 885 (W.D. Ark. 1999). · cites it 2× “Ark. Code Ann. §§ 20-9-801 to 802. We therefore believe it has limited application to this case.”
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