David Balac and Jennifer Cowles began dating in 1996. He worked as an accordion player and studied at Sheridan College; she worked as an 'exotic dancer." On a warm spring day, they visited African Lion Safari (ALS). ALS offers a unique wildlife experience. In a typical zoo, the animals are enclosed and the customers roam freely from one exhibit to the next. At ALS, the roles are reversed. The animals roam freely within their reserves and it is the customers who are enclosed (in their own vehicles) as they drive through the park. Not surprisingly, ALS has become very popular with people who want a close encounter with wildlife. Where else can a family sit in safety while its van is swarmed by monkeys!

Jennifer and David's wildlife encounter was, tragically, too close. Shortly after they had entered the tiger reserve, their car was attacked by the big cats. Although the facts were rather sketchy, the judge found that the initial attack startled David, who accidentally hit a button that rolled down Jennifer's window. A Siberian tiger named Paca then lunged through the window and mauled the couple. The injuries were severe. Because of permanent scarring to her scalp and hip, Jennifer would never again work as a "featured dancer." David fared even worse. In addition to physical injuries that prevented him from playing accordion, he suffered psychological injuries that further limited his employment prospects.

Based on the facts of this case, discuss and apply the relevant principles of law, applying their elements.