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 Mississippi, 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 generally known and recognized. This duty arises when the manufacturer is aware, or should reasonably be aware, of the danger, and it is not something that a reasonable consumer would anticipate. If a manufacturer neglects this duty to warn and a consumer is harmed as a result, the manufacturer can be held strictly liable for damages under the legal theory of a marketing defect. This means that the manufacturer can be held responsible for harm caused by the failure to warn, regardless of whether there was any negligence or intent to harm. Mississippi's products liability laws, which may be found in both state statutes and judicial opinions, govern these legal principles and the application of strict liability in such cases.