marketing defect. Caterpillar, Inc., 911 S.W.2d at 382; Lucas v. Texas Indus., Inc., 696 S.W.2d 372, 377 (Tex.1984). The existence of a duty to warn of dangers or instruct as to the proper use of a product is a question of law. Firestone Steel, 927 S.W.2d at 613; General Motors Corp. v. Saenz, 873 S.W.2d 353, 356 (Tex.1993). Generally, a manufacturer has a duty to warn if it knows or should know of the potential harm to a user because of the nature of its product. Bristol-Myers Co. v. Gonzales, 561 S.W.2d 801, 804 (Tex.1978). Nevertheless, this Court has recognized that there is no duty to warn when the risks associated with a particular product are matters “within the ordinary knowledge common to the community.” Joseph E. Seagram & Sons, Inc. v. McGuire, 814 S.W.2d 385, 388 (Tex.1991) (<HOLDING>). American argues that it had no duty to warn
holding there is no duty to warn of risks obvious to the average user of the product holding that no legal duty exists to warn of the health risks of alcohol consumption because such risks are common knowledge holding that no duty to warn exists when hazards are known through general knowledge recognizing that duty to warn of dangerous conditions could be based on constructive knowledge of that condition as well as actual knowledge holding that such a duty exists