Diane owns a home with a very large grass yard. She has hired Roger, a local landscaper, to come and cut her yard weekly on Wednesdays. One Tuesday, many months after Roger has been cutting her lawn, Diane decides she would like to dig a large pit (4 feet deep) in her back yard to install an in-ground trampoline for her children. However, it is extremely hot out and she gives up after digging two feet down. She forgets about the pit and Roger shows up the next day to cut her lawn. He ends up injuring his leg. What is Roger's status as it relate to the duty Diane owed him?