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 Oregon, 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 anticipate. This requirement is rooted in the principles of products liability law, which holds manufacturers responsible for ensuring the safety of their products. If a manufacturer neglects this duty to warn of such non-obvious dangers, and a consumer is harmed as a result, the manufacturer can be held strictly liable for the resulting damages. This type of liability 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. In Oregon, products liability laws are derived from both state statutes and judicial opinions. It is important for manufacturers to be aware of these legal standards to avoid strict liability in tort for failure to warn.