Foreseeable Risk

Definition - What does Foreseeable Risk mean?

Foreseeable risk is a type of defense used in negligence cases where the defendant claims that the plaintiff's actions were negligent in the first instance and that they should have known better than to do whatever action led to the act that is being sued over. An example of this is when a product is not used in line with the instructions and with the advertised use for the item. If someone gets hurt using something incorrectly and tries to sue the manufacturer of the product, the manufacturer will claim that there was a foreseeable risk taken by the plaintiff, and thus they would not be liable for the actions.

Justipedia explains Foreseeable Risk

There are many negligence cases that do not have any merit to them in the sense that the injuries would be caused by misuse. There is a common standard that is accepted with regard to what a normal person would do with an item, how an average person would interpret the advertisement, and the potential proper uses for the product which caused the harm.

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