A manufacturer is required to warn consumers about a danger from a product’s foreseeable use of which the manufacturer knew or reasonably should have known and that a reasonable user would not expect. But a manufacturer is not required to warn about a danger from a product’s foreseeable use that is generally known and recognized.

If a manufacturer fails to warn consumers when it has a duty to warn, the manufacturer will be strictly liable in tort for damages caused by the failure to warn—also known as a marketing defect.

Products liability laws vary from state to state and may be in a state’s statutes or in its court opinions (also known as case law or common law).

In Delaware, as in many states, a manufacturer has a legal obligation to warn consumers about potential dangers associated with the foreseeable use of their products that the manufacturer knew or should have known about, and which a reasonable consumer would not expect. This requirement is rooted in the principle that consumers should be informed about non-obvious risks that could affect their safety. However, a manufacturer is not required to warn about dangers that are generally known and recognized, such as the sharpness of a knife blade. If a manufacturer fails to provide necessary warnings and a consumer is harmed as a result, the manufacturer can be held strictly liable for damages under the doctrine of strict liability for a marketing defect. This means that the injured party does not need to prove negligence; they only need to show that the product was defective (due to inadequate warnings) and that this defect caused their injury. Delaware's product liability laws are derived from both state statutes and judicial opinions, and they outline the responsibilities of manufacturers and the rights of consumers in cases of product-related injuries.