Can a defect in design support a strict liability action?

A defect in design can indeed support a strict liability action. In the realm of product liability law, strict liability holds manufacturers and sellers accountable for defects in their products, irrespective of fault or negligence. The rationale behind this is to ensure consumer safety and to motivate manufacturers to maintain high standards in design, production, and quality control.

When a product is designed in such a way that it poses an unreasonable risk of harm to users, this is categorized as a design defect. Accordingly, if the product causes injury to a user or someone in proximity, the plaintiff may pursue a strict liability claim against the manufacturer. This is justified because the law recognizes that consumers should not have to prove that the manufacturer was negligent when it is evident that the product was inherently unsafe due to its design.

The other options reflect misconceptions about how strict liability applies to product design defects. It is not limited to intentional actions or contingent upon whether or not a defect leads to injury in the broader sense, although injury is certainly a critical factor in pursuing a claim. The focus of strict liability is primarily on the defect itself and the inherent risks associated with the design.