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? 1. Derek assumed the risk of a bear attack by joining the tour group, so he cannot hold the tour company liable. 2. The company is not at fault because it does not owe Derek a duty of care. 3. Derek cannot hold the tour company liable because there is no way to prepare for or avoid a bear attack.