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foreseeable risk definition
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.
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