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W. Va. Code § 55-8-16

Choice of law in product liability actions

Applied in 1 court decision — leading case M.M., a Minor, By and Through Her Mother, etc. v. Pfizer, Inc. (2017)

Most recently applied in M.M., a Minor, By and Through Her Mother, etc. v. Pfizer, Inc. (November 2017)

(a) It is public policy of this state that, in determining the law applicable to a product liability claim brought by a nonresident of this state against the manufacturer or distributor of a prescription drug or other product, all liability claims at issue shall be governed solely by the product liability law of the place of injury ("lex loci delicti").

(b) The amendments to this section enacted in 2015 shall be applicable prospectively to all civil actions commenced on or after July 1, 2015.

Official source: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.