With no explanation, chose the best option from "A", "B", "C" or "D". the concern of the Trial Lawyers Association that pre-accident conduct will include a plaintiff’s physical conditioning, or lack thereof, we emphasize that a defendant will still take the victim as he finds him and be liable for the damages the defendant causes. Where, however, damages are caused by the plaintiff’s failure to care for his own safety (not his physical condition), plaintiff may not recover those damages. In the past the appellate courts of this state have not shied away from their continuing responsibilities to ensure that the law remains fair and realistic as changes occur. See, e.g., Hicks v. State, 88 N.M. 588, 544 P.2d 1153 (1975) (abrogating sovereign immunity); Scott v. Rizzo (adopting comparative negligence); Lopez v. Maez, 98 N.M. 625, 651 P.2d 1269 (1982) (<HOLDING>); Vigil v. Arzola, 22 SBB 868 (Ct.App.1983),

A: recognizing tavernkeepers liability
B: recognizing that substantial change is a defense to a products liability claim
C: holding warranty liability and strict liability were both shown by proof a product was defective
D: recognizing that injury is a prerequisite to liability
A.