Section 5-115 - Product liability arising in a foreign jurisdiction. - Maryland Statutes

§ 5-115. Product liability arising in a foreign jurisdiction.
 

(a)  Definitions.-  

(1) In this section the following words have the meanings indicated. 

(2) "Foreign jurisdiction" means a state, other than this State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a foreign country. 

(3) (i) "Manufacturer" means a designer, assembler, fabricator, constructor, compounder, producer, or processor of a product or its component parts. 

(ii) "Manufacturer" includes an individual or entity not otherwise a manufacturer that imports a product or otherwise holds itself out as a manufacturer. 

(4) "Product" means a tangible article, including attachments, accessories, and component parts, and accompanying labels, warnings, instructions, and packaging. 

(5) "Seller" means a wholesaler, distributor, retailer, or other individual or entity other than a manufacturer that is regularly engaged in the selling of a product whether the sale is for resale by the purchaser or is for sale to or consumption by the ultimate consumer. 

(b)  In general.- If a cause of action against a manufacturer or seller of a product for personal injury allegedly caused by a defective product arose in a foreign jurisdiction and by the laws of that jurisdiction the cause of action may not be maintained by reason of a lapse of time, an action may not be maintained in this State, except in favor of one who is a resident of this State. 

(c)  Exceptions.- This section may not be applied to a cause of action: 

(1) That was precluded, for any period of time, from being filed before July 1, 1991 by operation of law or a court order; or 

(2) For wrongful death described under Title 3, Subtitle 9 of this article. 
 

[1991, ch. 201.]