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2021 Maryland Statutes
Courts and Judicial Proceedings
Title 5 - Limitations, Prohibited Actions, and Immunities
Subtitle 1 - Limitations
Section 5-115 - Product Liability Arising in a Foreign Jurisdiction

Universal Citation:
MD. Courts and Judicial Proceedings Code Ann. § 5-115 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

    (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.

    (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.

    (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.

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