Read the following excerpt from a US court opinion:
```
An employer, however, is not an insurer of its employees’ safety. Elwood, 197 S.W.3d at 794; Leitch v. Hornsby, 935 S.W.2d 114, 117 (Tex.1996); Exxon Corp. v. Tidwell, 867 S.W.2d 19, 21 (Tex.1993). Whataburger does not dispute that it owed a duty to Dean, as its employee, but observes that its duty is to protect its employees from foreseeable harms. The issue in this case, whether analyzed' as a part of the duty element of negligence or the causation element, is the foreseeability of the criminal conduct that led to Dean’s murder. As the Texas cases that discuss the foreseeability of intervening criminal conduct do so, in the main, in the context of the element of duty, we do so as well. See, e.g., Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749, 756 (Tex.1998) ; Walker v. Harris, 924 S.W.2d 375, 377
```
What is the most suitable continuation to the opinion? Your options are:
A. holding that no private right of action exists
B. holding that instructing the jury on a legal duty theory when appellant had no legal duty to prevent the commission of the offense was error
C. recognizing that whether a duty exists is a question of law for the courts
D. holding that such a duty exists
E. holding no legal duty exists to prevent unforeseeable criminal acts
Reply with [A, B, C, D, E] only.