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 New Hampshire, manufacturers have 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 and the manufacturer is aware or should reasonably be aware of such dangers. 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, known as marketing defects. However, manufacturers are not required to warn about dangers that are generally known and recognized by the public. New Hampshire's products liability laws, which may be found in both state statutes and judicial opinions, establish the framework for when and how manufacturers must provide warnings to consumers. Failure to provide adequate warnings can result in the manufacturer being held strictly liable for any resulting damages.