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 Washington State, product liability law requires manufacturers to provide warnings about dangers associated with the foreseeable use of their products if the dangers are not obvious to a reasonable user. This obligation arises when the manufacturer knows or should reasonably know about the potential danger. However, if a danger is generally known and recognized, the manufacturer may not be required to provide a warning. Failure to provide necessary warnings can result in the manufacturer being strictly liable for any damages that occur as a result of the lack of warning, which is considered a marketing defect. Washington's product liability laws are derived from a combination of state statutes and judicial opinions. Strict liability in tort for failure to warn means that the manufacturer can be held liable for damages without the need for the injured party to prove negligence.