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 Texas, manufacturers have a legal obligation to warn consumers about potential dangers associated with the foreseeable use of their products, provided that the risks are not already widely recognized and would not be expected by a reasonable user. This requirement is rooted in the principle that manufacturers are better positioned to understand and communicate the risks of their products. If a manufacturer knows or should reasonably have known about a specific hazard and fails to provide adequate warnings, they can be held strictly liable for any resulting damages. This form of liability is referred to as a marketing defect. Texas products liability law, which includes these provisions, is derived from a combination of state statutes and judicial decisions. It is important for manufacturers to stay informed about these regulations and for consumers to be aware of their rights under Texas law.
