(a) The operator of an alkaline hydrolysis facility is not liable for damages in a civil action for the following actions or omissions, unless the actions or omissions were made with malicious purpose, in bad faith, or in a wanton or reckless manner:

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Terms Used In Tennessee Code 62-5-807

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Resomation: means the alkaline hydrolysis process. See Tennessee Code 62-5-801
(1) Having performed the resomation of the decedent, or having released or disposed of the resomated remains, in accordance with the instructions of the decedent or an heir or personal representative of the decedent;
(2) Having performed the resomation of the decedent or body parts removed from the decedent or living person or having released or disposed of the resomated remains in accordance with the instructions of the decedent or an heir or personal representative of the decedent; or
(3) Failure to correctly identify a dead human body prior to resomation.
(b) The operator of an alkaline hydrolysis facility is not liable for damages in a civil action for refusing to accept a dead human body or body parts or to perform a resomation under the following circumstances, unless the refusal was made with malicious purpose, in bad faith, or in a wanton or reckless manner:

(1) The operator has actual knowledge that there is a dispute regarding the resomation of the decedent or body parts, and the operator has not received an order of the court having jurisdiction ordering the resomation of the decedent or body parts;
(2) The operator has a reasonable basis for questioning the accuracy of the information or statements provided to the operator with respect to the resomation of the decedent or body parts; or
(3) The operator has any other lawful reason for refusing to accept the dead human body or body parts or to perform the resomation.
(c) The operator of an alkaline hydrolysis facility is not liable for damages in a civil action in connection with the resomation of or disposition of the resomated remains of dental gold or silver, jewelry, or other items of value delivered to the facility with a dead human body or body parts unless the actions or omissions of the operator were made with malicious purpose, in bad faith, or in a wanton or reckless manner.
(d) This section does not create a new cause of action or substantive legal right against the operator of an alkaline hydrolysis facility.
(e) This section does not affect immunities from civil liability or defenses established by law to which the operator of an alkaline hydrolysis facility may be entitled.
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