A marketing defect occurs when the manufacturer or retailer fails to warn consumers about the potential dangers of a product. Many products, such as hair dryers and curling irons, come with extensive warnings, cautioning users to avoid electrical injuries and burns. These warnings are designed to protect users from undue injury and avoid accidents. Without them, the manufacturer could be held responsible for any ensuing damages.
When it comes to marketing defects, the manufacturer’s legal obligation is twofold:
To warn consumers of hidden dangers that may arise when the product is in use.
To provide instructions for consumers so they know how to use the product safely.