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 Utah, as in many other 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 principle that consumers should be informed about non-obvious risks that could affect their safety. However, if the danger is generally known and recognized—such as the sharpness of a knife blade—a manufacturer may not be required to provide a warning. Should a manufacturer fail to fulfill this duty to warn, they can be held strictly liable for any damages that result from this failure, under the legal concept of a marketing defect. Strict liability in tort means that the manufacturer can be held liable for damages without the need to prove negligence or fault. Utah's products liability laws are derived from both state statutes and judicial opinions, and it is important for manufacturers to be aware of and comply with these legal standards to avoid liability.