2023 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
(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.