Patron ate a spicy dinner at Restaurant on Sunday night. He enjoyed the food and noticed nothing unusual about the dinner. Later that evening, Patron had an upset stomach. He slept well through the night, went to work the next day, and ate three meals. His stomach discomfort persisted, and by Tuesday morning he was too ill to go to work. Eventually, Patron consulted his doctor, who found that Patron was infected with a bacterium that can be contracted from contaminated food. Food can be contaminated when those who prepare it do not adequately wash their hands. Patron sued Restaurant for damages. He introduced testimony from a health department official that various health code violations had been found at Restaurant both before and after Patron's dinner, but that none of Restaurant's employees had signs of bacterial infection when they were tested one month after the incident. Restaurant's best argument in response to Patron's suit would be that 
no one else who ate at Restaurant on Sunday complained about stomach discomfort. Restaurant instructs its employees to wash their hands carefully and is not responsible if any employee fails to follow these instructions. Patron has failed to establish that Restaurant's food caused his illness. Patron assumed the risk of an upset stomach by choosing to eat spicy food.