Arkansas Code Annotated

Ark. Code Ann. § 20-9-802 (2026)

Limitation of liability

✓ current as of May 2026

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No physician, surgeon, hospital, blood bank, tissue bank, or other person or entity who donates, obtains, prepares, transplants, injects, transfuses, or otherwise transfers or who assists or participates in obtaining, preparing, transplanting, injecting, transfusing, or transferring any tissue, organ, blood, or component thereof from one (1) or more human beings, living or dead, to another human being, shall be liable as the result of the activity, except that each such person or entity shall remain liable for negligence or willful misconduct only.

History. Acts 1971, No. 462, § 2; A.S.A. 1947, § 82-1608.

Case Notes

Supplying of Blood.

The supplying of blood for transfusions is a service rather than a product and the implied warranties of the Uniform Commercial Code do not apply to blood; further, blood is not a “product” for purposes of imposing strict liability in tort. Kirkendall v. Harbor Ins. Co., 887 F.2d 857 (8th Cir. 1989).

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

Subchapter 9 — Utilization Review

Effective Dates. Acts 1989, No. 537, § 19: Jan. 1, 1990.

Acts 1993, No. 1045, § 5: Apr. 12, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that a carry forward provision should apply to application fees in the utilization review program for the effective administration of the program. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Notes of Decisions

Cited in 2 cases, 1998–2016 · leading case: Weishorn v. Miles-Cutter, 721 A.2d 811 (Pa. Super. Ct. 1998).

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Weishorn v. Miles-Cutter, 721 A.2d 811 (Pa. Super. Ct. 1998). · cites it 2× “, Ark.Code Ann. § 20-9-802 (Michie 1995); 42 Pa.”

In re Coloplast Corp. Pelvic Support Sys. Prods. Liab. Litig., 221 F. Supp. 3d 784 (S.D.W. Va 2016). “Ark. Code Ann. § 20-9-802 . Arkansas’s statute specifically states that entities that participate in transferring human tissue from cadavers to another human are immune from liability beyond negligence and willful misconduct.”

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