Rights and Duties Relating to Cemeteries, Human Bodies and Anatomical Gifts

ORS 97.985
Transplants not covered by implied warranty


The procuring, processing, furnishing, distributing, administering or using of any part of a human body for the purpose of injecting, transfusing or transplanting that part into a human body is not a sales transaction covered by an implied warranty under the Uniform Commercial Code or otherwise.


As used in this section, “part” means organs or parts of organs, tissues, eyes or parts of eyes, bones, arteries, blood, other fluids and any other portions of a human body. [Formerly 97.968]

(formerly 97.300, then 97.968)

Notes of Decisions

Plaintiff failed to state claims for negligence and strict liability where plaintiff alleged that defendants sold him blood product which caused his hepatitis and AIDS. Royer v. Miles Laboratory, Inc., 107 Or App 112, 811 P2d 644 (1991)

Law Review Citations

73 OLR 1057 (1994)

Chapter 97

Atty. Gen. Opinions

Embalming dead human body without prior authorization from surviving spouse or next of kin, (1981) Vol 41, p 457


Last accessed
Jun. 26, 2021