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 North Dakota, as in many states, a manufacturer has a legal obligation to warn consumers about potential dangers associated with the foreseeable use of their products, particularly when the danger is not obvious to a reasonable user. This duty arises when the manufacturer is aware, or should reasonably be aware, of the potential danger. However, if the danger is generally known and recognized, such as the risk of cutting oneself with a sharp knife, the manufacturer may not be required to provide a warning. Failure to provide necessary warnings can result in the manufacturer being held strictly liable for any injuries that occur as a result of the lack of warning, which is considered a marketing defect under product liability law. Strict liability means that the injured party does not need to prove negligence; they only need to show that the product was defective and that the defect caused the injury. North Dakota'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.