While on a hike with a tour group in the mountains, Derek gets mauled by a bear. No previous reports of bears in the area had been made and the area was not known for having bear sightings. Derek wants to hold the tour company liable for his injury. Which of the following is most likely true?

The company is not at fault because it does not owe Derek a duty of care.

Derek assumed the risk of a bear attack by joining the tour group, so he cannot hold the tour company liable.

Derek cannot hold the tour company liable because there is no way to prepare for or avoid a bear attack.

Because most people would not expect something as dangerous as a bear encounter while on a hike, an assumption of risk defense will probably not protect the tour company.