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?

• Derek cannot hold the tour company liable because there is no way to prepare for or avoid a bear attack.
• The company is not at fault because it does not owe Derek a duty of care.
• 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.
• Because hiking is known to have some elements of danger, Derek assumed the risk of a bear attack by joining the tour group.