D is corrent. Under the theory of strict liability, the plaintiff must establish the following: (1) the seller was engaged in the business of selling the product, (2) the product was defective, (3) the defect was unreasonably dangerous to the plaintiff, and (4) the defect caused injury to the plaintiff. If the plaintiff can prove these elements, then the seller will be liable regardless of whether the seller was negligent or at fault for the defect.
A is incorrect. There is no requirement to prove that the defendant defectively designed the product; it just needs to be proven that the defendant was engaged in the business of selling the defective product.
B is incorrect. Strict liability is a tort theory of recovery. Privity refers to the contractual relationship between two parties. A contractual relationship is not necessary to recover under tort law.
C is incorrect. The defendant’s due care is irrelevant to strict liability. If the elements of a strict liability claim are met, then the defendant is liable regardless of fault.
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