Jacques captured a large rattlesnake while on a camping trip, and brought it home to his apartment in the city. He kept the snake in a glass aquarium which he had covered with a wire screen. One day, after feeding the snake, he accidentally failed to fasten down the screen cover, and the snake escaped from the aquarium. The snake managed to enter the adjoining apartment by way of an open balcony door. Audrey, the neighbour in the adjoining apartment was bitten and seriously injured when she accidentally stepped on the snake.

a)You are the lawyer and the neighbour comes to see you about suing Jacques.What do you tell her to do?

b)After the lawsuit is filed, Jacques wants to argue that he is not responsible for Audrey's injuries.Jacques position is that Audrey was careless in leaving her balcony door open, and therefore, Jacques would not be liable for her injury.Is this a viable defence for Jacques?