A restaurant owner ran a small restaurant in a suburban community, which he opened for dinner at 3:00 p.m., seven days a week, even though business was often slow at that hour. One rainy afternoon, a young couple stopped in for an early dinner just as the restaurant was opening. After finishing his meal, the man left the restaurant and went to pick up the couple's car, so that his wife would not have to walk to the parking lot in the rain. Just as the man stepped off the curb onto the street, an elderly driver came around a blind corner and hit the man with his vehicle. The man was knocked to the ground and severely injured. Putting on his emergency lights, the driver got out of his car as quickly as possible and raced into the restaurant. Hearing the driver's story, the woman begged the restaurant owner to permit her to use the telephone to call an ambulance, but the restaurant owner refused, having a strict no customer phone use policy. The woman ran to find another open business and an ambulance arrived 15 minutes later. According to the man's physician, the delay in treatment allowed a blood clot to form in the man's brain, which seriously complicated his condition. If the man sues the restaurant owner, what is the restaurant owner's best defense?