§ 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.

HISTORY: 1991, ch. 201.