foreseeable risk

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foreseeable risk n. 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: foreseeability)

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According to the court, the union failed to demonstrate that an assault by an inmate on a staff member was a foreseeable risk of its members' employment. Fraternal Order of Police v. Williams by Corrections Caselaw Quarterly The lawsuit claims that the state negligently failed to design or construct a median barrier, failed to construct an adequate number of lanes, and failed to provide roadway shoulders of sufficient width ``despite its knowledge that the absence of these safety requirements created a foreseeable risk of injury to drivers traveling along that portion'' of the highway, the lawsuit said. 'BLOOD ALLEY' CRASH RESULTS IN LAWSUIT by Daily News (Los Angeles, CA) In the case of a high dose of morphine, it seems to me morally legitimate to run a foreseeable risk that it will kill the patient, but not a dose so high that it will surely kill him. SPLITTING HAIRS : Morality & self-deception by CALLAHAN, DANIEL / Commonweal More results

References in periodicals archive

According to the court, the union failed to demonstrate that an assault by an inmate on a staff member was a foreseeable risk of its members' employment.

Fraternal Order of Police v. Williams by Corrections Caselaw Quarterly

The lawsuit claims that the state negligently failed to design or construct a median barrier, failed to construct an adequate number of lanes, and failed to provide roadway shoulders of sufficient width ``despite its knowledge that the absence of these safety requirements created a foreseeable risk of injury to drivers traveling along that portion'' of the highway, the lawsuit said.

'BLOOD ALLEY' CRASH RESULTS IN LAWSUIT by Daily News (Los Angeles, CA)

In the case of a high dose of morphine, it seems to me morally legitimate to run a foreseeable risk that it will kill the patient, but not a dose so high that it will surely kill him.

SPLITTING HAIRS : Morality & self-deception by CALLAHAN, DANIEL / Commonweal

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