I am interested in the possibilities of forum shopping in regard to personal injury claims. (Tort and contract.)
For the sake of argument, lets assume a manufacturer M that manufactures electronics equipment. M is domiciled, operates and manufactures outside the United States. There are no obvious connections to the United States—though M may be using US banking institutions (e.g. PayPal) or US service providers (e.g., Amazon) for its website.
When may M or it's officers or employees be liable for personal injury under US law? When can such liability be categorically excluded?
To get this question started I have a few possible scenarios:
- Devices delivered to non-US customers at an address outside the US. -> No link to the US. US law should not apply, right?
- Devices delivered inside the US. -> US law will apply.
That seems like common sense, but what about some tricky situations:
- Devices delivered outside the US to US citizens living abroad or travelling.
- Devices delivered to a non-US address but bought by a US resident that then has the device shipped to the US by a third party himself. (Mail forwarding.)
- Devices sold to a non-US customer, delivered to a non-US address. The customer then sells the device on to customers in the US.