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 Illinois, product liability law requires manufacturers to warn consumers about dangers associated with the foreseeable use of their products if the danger is one that the manufacturer knew or should have known about, and if the danger is not one that a reasonable user would expect. This obligation does not extend to dangers that are generally known and recognized; in such cases, a warning is not required. If a manufacturer fails to provide necessary warnings, it can be held strictly liable for any damages that result from this failure to warn, under the legal concept of a marketing defect. Strict liability means that the injured party does not need to prove negligence; they only need to show that the product was defective. Illinois product liability laws are derived from both state statutes and case law. It is important for manufacturers to be aware of these legal requirements to avoid liability for failure to warn consumers about potential dangers of their products.