TITLE LII ACTIONS, PROCESS, AND SERVICE OF PROCESS
CHAPTER 507-D PRODUCT LIABILITY ACTIONS
Section 507-D:1
507-D:1 Definitions. –
As used in this chapter:
I. "Product liability action" means any action brought for or on account of personal injury, death or property damage or other damage caused by or resulting from the development, manufacture, construction, design, formula, preparation, assembly, testing, warning, instructing, advertising, marketing, certifying, packaging, or labeling of any product. The term includes all such actions, regardless of the legal theory relied upon, whether strict liability in tort, negligence, breach of warranty, breach of or failure to discharge a duty to warn or instruct, misrepresentation, concealment, nondisclosure or any other theory whatsoever.
II. "Risk" means any risk, danger, hazard, defect, condition or adverse effect or side effect of the product in question.
III. "User" means a purchaser, or any individual who uses or consumes the product. Where the user is under legal disability, the term also includes the user's legal representative. Where the user is an employee who has been using the product while acting within the scope of employment, the term also includes the employee's employer or co-employee. The term also includes any person who, while acting on behalf of the user, was in possession and control of the product in question.