A Hardware Store Employee Locking Up on a Saturday Night

Multiple Choice

A hardware store employee locking up on a Saturday night forgot to remove the keys from one of the large riding mower machines parked outside.It was later stolen by a group of teens who drove it into a nearby lake.A tugboat struck the partially submerged riding mower the following morning and sank.The claim for damages by the owner of the tugboat against the hardware store and its employee will

A) fail because marine law does not permit non-marine tort claims.
B) succeed because "but for" the keys being left in the riding mower the tugboat would not have sunk.
C) succeed because the lake was only 400 yards from the hardware store.
D) fail because the risk of the tugboat accident was not reasonably foreseeable even if the theft was.
E) succeed because all of the elements required to establish a negligence claim are present.