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§ 5-115. Product liability cases

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 1. Limitations (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-115
§ 5-115. Product liability cases
Currentness
Definitions
(a)(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.
Causes of action arising in foreign jurisdictions
(b) 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.
Application of section
(c) 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.

Credits

Added by Acts 1991, c. 201, § 1, eff. July 1, 1991.
MD Code, Courts and Judicial Proceedings, § 5-115, MD CTS & JUD PRO § 5-115
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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