(a)        A person that acts with due care in accordance with this Part or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.

(b)        Neither the person making an anatomical gift nor the donor‘s estate is liable for any injury or damage that results from the making or use of the gift.

(c)        In determining whether an anatomical gift has been made, amended, or revoked under this Part, a person may rely upon representations of an individual listed in subdivisions (2) through (8) of N.C. Gen. Stat. § 130A-412.11(a) relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue. (2007-538, s. 1.)

Terms Used In North Carolina General Statutes 130A-412.20

  • Donor: The person who makes a gift.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3