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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

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.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.

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