foreseeable risk

foreseeable risk
The risk that a person of ordinary intelligence and prudence should reasonably expect to occur.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

foreseeable risk
A likelihood of injury or damage that a reasonable person should be able to anticipate in a given set of circumstances. Foreseeable risk is a common affirmative defense put up by defendants in lawsuits for negligence, essentially claiming that the plaintiff should have thought twice before taking a risky action. Signs that warn "use at your own risk" do not bar lawsuits over injuries or damages from risks that weren't foreseeable.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

foreseeable risk
   a danger which a reasonable person should anticipate as the result from his/her actions. Foreseeable risk is a common affirmative defense put up as a response by defendants in lawsuits for negligence. A skier hits a bump on a ski run, falls and breaks his leg. This is a foreseeable risk of skiing. A mother is severely injured while accompanying her child on a roller coaster when the car jumps the track and comes loose. While there is potential risk, she had the right to anticipate that the roller coaster was properly maintained and did not assume the risk that it would come apart. Signs that warn "use at your own risk" do not bar lawsuits for risks that are not foreseeable.
   See also: foreseeability

Law dictionary. . 2013.

Look at other dictionaries:

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  • foreseeability — fore·see·abil·i·ty /fōr ˌsē ə bi lə tē/ n 1: the quality or state of being foreseeable reasonable foreseeability of probable consequences Gerwin v. Southeastern Cal. Ass n of Seventh Day Adventists, 14 Cal. App. 3d 209 (1971) 2: the doctrine esp …   Law dictionary

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