Gaston owns a single story office building from which he operates his real estate business. This building had small individual offices, a community lunchroom, and restrooms. Gaston arrived very early one morning and discovered a strong odor of gasoline in the men's restroom. Gaston could find no source of this odor except the overflow drain in the floor leading to the sewer. Gaston theorized that a neighboring gas station must have had a leak in one of their storage tanks.

Fred, an employee of Gaston, arrived shortly before 9 a.m. and, immediately went to the Men's Room. Fred was smoking a cigarette in violation of a local ordinance, which barred smoking in all business premises. When Fred opened the door to the Men's restroom, a violent explosion occurred when the gasoline fumes were ignited by his cigarette. Fred was seriously burned. Will he prevail in an action against Gaston?

Select one:

A. No, because Fred was contributorily negligent due to violation of the statute.

B. No, because the injury was due to circumstances beyond Gaston's control.

C. Yes, if a warning to persons entering the restroom would have reduced the risk.

D. Yes, because the presence of the gasoline vapors is an ultra-hazardous condition.