MsLeitch Was Having a Glass of Champagne in the Outdoor

Ms.Leitch was having a glass of champagne in the outdoor section of a restaurant in Delray Beach,Florida on New Year's Eve.She was hit by a stray bullet and injured.There had been stray bullet injuries in the past on the streets of Delray on New Year's Eve,but the city did not issue any warnings to revelers prior to New Year's Eve.Ms.Leitch has filed suit against the city of Delray Beach to recover for her medical costs,lost wages,and physical pain and suffering.​
-What might explain why the restaurant isn't named in the lawsuit?

A) The restaurant owes no duty of safety to customers.
B) Restaurants are never liable for the criminal activities of third parties.
C) There had never been an injury in the outside area of the restaurant.
D) That there was assumption of risk on Ms.Leitch's part.