foreseeable risk

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)

References in periodicals archive ?
An insurance scheme to completely insulate farmers from every foreseeable risk including rainfall and crop yield have been introduced by National Insurance Commission (NAICOM) in collaboration with Nigeria Incentive-based Risk Sharing System for Agricultural Lending (NIRSAL).
Securities America's failure to adequately supervise the content of the Alzheimer's ads created a foreseeable risk that seniors and those with loved ones suffering from Alzheimer's might be misled into believing that a solicitation-for-business advertisement was some type of public service announcement," explained Galvin in a statement.
According to the courts, a reasonable person carefully avoids creating a foreseeable risk of injury to others.
It should have been a high priority, a risk assessment should have been carried out and appropriately put into place and appropriate training to reduce the foreseeable risk.
However, because offences under HSAWA relate to poor management of risks, the offence may occur in Scotland even if the consequence of that is an incident abroad, meaning a the company and the individual manager responsible could face prosecution in Scotland if a worker is exposed to a foreseeable risk of harm whilst working abroad.
3 on suspension of play due to light, weather and adverse conditions of ground now says: "If at any time the umpires together agree that the conditions of ground, weather or light are so bad that there is obvious and foreseeable risk to the safety of any player or umpire, so that it would be unreasonable or dangerous for play to take place, then they shall immediately suspend play, or not allow play to commence or to restart.
Sleep apnea, by virtue of its sleep disturbances and resulting daytime sleepiness, poses a foreseeable risk of harm.
The goal of a warning is to inform the user of the nature and gravity of a foreseeable risk and how to avoid it.
Accordingly, investment advisors that maintain accounts permitting the advisor to direct transfers to third parties should take a close look at their practices and determine if there is a reasonably foreseeable risk that someone could abuse that particular rule to abscond with its clients' funds.
Blackstock suffered "pain, suffering and loss of amenity" and Mr Crystal alleges that the manner of the tackle carried with it "a reasonably foreseeable risk of substantial injury to him.
Blackstock claims that 6ft 4in Olofinjana, who these days plays for Sheffield Wednesday, was "negligent" in "failing to play the ball" and "challenging (him) in a way that caused a reasonably foreseeable risk of injury" in the 88th minute of the game.
Blackstock claims that 6'4" Olofinjana, who these days plays for Sheffield Wednesday, was "negligent" in "failing to play the ball" and "challenging (him) in a way that caused a reasonably foreseeable risk of injury" in the 88th minute of the game.