4756

LAWS OF MARYLAND

Ch. 871

(2)  (I) "MANUFACTURER" MEANS A DESIGNER,
ASSEMBLER, FABRICATOR, CONSTRUCTOR, COMPOUNDER, PRODUCER, OR
PROCESSOR OF ANY PRODUCT OR ITS COMPONENT PARTS.

(II) "MANUFACTURER" INCLUDES AN ENTITY NOT
OTHERWISE A MANUFACTURER THAT IMPORTS A PRODUCT OR OTHERWISE
HOLDS ITSELF OUT AS A MANUFACTURER.

(3)  "PRODUCT" MEANS ANY TANGIBLE ARTICLE,
INCLUDING ATTACHMENTS, ACCESSORIES AND COMPONENT PARTS, AND
ACCOMPANYING LABELS, WARNINGS, INSTRUCTIONS, AND PACKAGING.

(4)  "SEALED CONTAINER" MEANS A BOX, CONTAINER,
PACKAGE, WRAPPING, ENCASEMENT, OR HOUSING OF ANY NATURE THAT
COVERS A PRODUCT SO THAT IT WOULD BE UNREASONABLE TO EXPECT
A SELLER TO DETECT OR DISCOVER THE EXISTENCE OF A . DANGEROUS
OR DEFECTIVE CONDITION IN THE PRODUCT. A PRODUCT SHALL BE
DEEMED TO BE IN A SEALED CONTAINER IF THE PRODUCT, BY ITS
NATURE AND DESIGN, IS ENCASED OR SOLD IN ANY OTHER MANNER
MAKING IT UNREASONABLE TO EXPECT A SELLER TO DETECT OR
DISCOVER THE EXISTENCE OF A DANGEROUS OR DEFECTIVE
CONDITION.

(5)  (I) "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 USE OR CONSUMPTION BY THE ULTIMATE CONSUMER.

(II) "SELLER" INCLUDES A LESSOR OR BAILOR
REGULARLY ENGAGED IN THE BUSINESS OF THE LEASE OR BAILMENT
OF THE PRODUCT.

(B) IT SHALL BE A DEFENSE TO AN ACTION AGAINST A
SELLER OF A PRODUCT FOR PROPERTY DAMAGE OR PERSONAL INJURY
ALLEGEDLY CAUSED BY THE DEFECTIVE DESIGN OR MANUFACTURE OF A
PRODUCT IF THE SELLER ESTABLISHES THAT:

(1)  THE PRODUCT WAS ACQUIRED AND THEN SOLD OR
LEASED BY THE SELLER IN A SEALED CONTAINER OR IN AN
UNALTERED FORM;

(2)  THE SELLER HAD NO KNOWLEDGE OF THE DEFECT;

(3)  THE SELLER IN THE PERFORMANCE OF THE DUTIES
HE PERFORMED OR WHILE THE PRODUCT WAS IN HIS POSSESSION
COULD NOT HAVE DISCOVERED THE DEFECT WHILE EXERCISING
REASONABLE CARE;

(4)  THE SELLER DID NOT MANUFACTURE, PRODUCE,
DESIGN, OR DESIGNATE THE SPECIFICATIONS FOR THE PRODUCT
WHICH CONDUCT WAS THE PROXIMATE AND SUBSTANTIAL CAUSE OF THE
CLAIMANT'S INJURY; AND