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 Kansas, 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 of strict liability in tort, which holds manufacturers accountable for injuries caused by their failure to warn of such dangers. This is often referred to as a 'marketing defect.' However, manufacturers are not required to warn about dangers that are generally known and recognized by the public. If a manufacturer neglects its duty to warn and a consumer is harmed as a result, the manufacturer can be held strictly liable for the resulting damages. The specifics of products liability law, including the duty to warn and the standards for strict liability, can be found in both state statutes and Kansas case law.