Ashton, a weak swimmer, ignored warning signs in a recreational swimming area and went into deep water. He soon grew tired and realized that he could not make it back to shore. Seeing Kelly, he cried out for help. Kelly, however, ignored the pleas. Ashton was finally saved by Dontrell but suffered brain damage from being submerged during the ordeal. Ashton now sues Kelly for negligence for failing to try to save him. Ashton will

Question $9$ options:

a$)$

prevail because society places a duty on people to help each other and Kelly breached this duty, resulting in Ashton's injury.

b$)$

lose because Kelly had no legal duty to rescue him.

c$)$

lose because even though Kelly had a legal duty to save him, Ashton will not be able to prove that Kelly's failure to act was the proximate cause of his injuries.

d$)$

lose because a reasonable person could not have foreseen that someone in a recreation area could not swim well.