HB 1155 - AS INTRODUCED

2000 SESSION

00-2298

09/01

HOUSE BILL 1155

AN ACT excepting for-profit blood suppliers from limitations on strict liability.

SPONSORS: Rep. Gilman, Graf 1; Rep. Clegg, Hills 23; Rep. Kelley, Rock 22; Rep. Scanlan, Graf 11; Rep. Eaton, Graf 1

COMMITTEE: Judiciary

ANALYSIS

This bill excepts for-profit blood suppliers from limitations on strict liability.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

00-2298

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

AN ACT excepting for-profit blood suppliers from limitations on strict liability.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Strict Liability and Implied Warranties to Apply to For-profit Blood Suppliers. Amend RSA 507:8-b to read as follows:

507:8-b Strict Liability and Implied Warranties Limited.

I. It is expressly declared that no strict liability in tort, nor any implied warranty, attaches to the procurement, furnishing, donation, processing, distributing, or use of whole blood, plasma, blood products or blood derivatives for the purpose of administering, injecting or transfusing any of them into the human body, [whether or not remuneration is paid therefor,] and no person, firm, or corporation participating therein shall be liable for damages, except for negligence.

II. The provisions of paragraph I shall not apply to for-profit blood suppliers.

2 Effective Date. This act shall take effect January 1, 2001.