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 Louisiana, product manufacturers have a legal obligation to warn consumers about potential dangers associated with the foreseeable use of their products, provided that the risks are not already widely recognized and understood by the average user. This requirement is rooted in the principle that manufacturers are better positioned to understand and communicate the risks of their products. If a manufacturer in Louisiana fails to provide adequate warnings for a danger that is not generally known, and this failure leads to harm, the manufacturer can be held strictly liable for any resulting damages. This concept is known as a marketing defect. Louisiana's products liability laws are codified in the Louisiana Products Liability Act (LPLA), which outlines the responsibilities of manufacturers and the rights of consumers. The LPLA is the primary statute governing product liability cases in the state, and it preempts common law claims that might arise from a manufacturer's failure to warn. Strict liability under the LPLA means that a manufacturer can be held liable for damages without the need for the injured party to prove negligence.