South Dakota Codified Laws 34-26-65. Immunity
(a) A person that acts in accordance with §§ 34-26-48 to 34-26-72, inclusive, 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.
Terms Used In South Dakota Codified Laws 34-26-65
- 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.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(c) In determining whether an anatomical gift has been made, amended, or revoked under §§ 34-26-48 to 34-26-72, inclusive, a person may rely upon representations of an individual listed in § 34-26-56(a)(2), (3), (4), (5), (6), (7), or (8) relating to the individual’s relationship to the donor or prospective donor unless the person knows that the representation is untrue.
Source: SL 2007, ch 197, § 18.