With no explanation, chose the best option from "A", "B", "C" or "D". require knowledge by Bren-Tex that the lack of a ROPS rendered the tractor defective or dangerous. 9 . Statutory indemnity is similarly provided under the DTPA. See Tex. Bus. & Com.Code Ann. § 17.555 (Vernon 1987); Amstadt v. U.S. Brass Corp., 919 S.W.2d 644, 652 (Tex. 1996). 10 . See Caterpillar, Inc. v. Shears, 911 S.W.2d 379, 382-83 (Tex.1995) (stating that products liability law does not require a seller to warn of obvious risks and that the relevant inquiry is not whether the average person would know that a ROPS makes a front-end loader safer, but instead whether an average person would recognize that operating an industrial vehicle with open sides and top presents a risk of serious harm to the operator); Sander Custom Fabrication, Inc. v. Boyd, 967 S.W.2d 349, 350-51 (Tex.1998) (<HOLDING>). 11 . See Restatement (Second) of Torts § 401

A: holding that the determination of whether a products dangers are obvious is made from the perspective of an ordinary user of the product rather than an ordinary person who is unfamiliar with the product
B: holding that a cause of action on the theory of strict liability may be properly pled by alleging 1 the manufacturers relationship to the product in question 2 the unreasonably dangerous condition of the product and 3 the existence of a proximate causal connection between the condition of the product and the plaintiffs injury
C: holding that an action for breach of implied warranty of merchantability under the uniform commercial code is a product liability action within the meaning of the products liability act if as here the action is for injury to person or property resulting from a sale of a product
D: holding that whether a product is within comment k should be determined on a case by case basis where it is shown that the product is unavoidably unsafe and product of exceptional social need
A.