Legal Definitions - foreseeable risk

A foreseeable risk is when a reasonable person in a given situation should know that specific harm might occur as a result of their actions. This means that if someone does something that could cause harm, and a reasonable person could have predicted that harm, then it is a foreseeable risk.

For example, if someone buys fireworks and then handles them incorrectly, and burns their finger, this is a foreseeable risk. The harm of burning oneself is something that a reasonable person could predict might happen if they mishandle fireworks.

In a lawsuit, a defendant might use the defense of foreseeable risk. This means that if the plaintiff's injury was a foreseeable risk of their actions, then the defendant is not liable for the injury. For example, if someone goes skiing and breaks their leg, this is a foreseeable risk of skiing, and the ski resort is not liable for the injury.

However, if someone buys fireworks, handles them correctly, and is injured due to the manufacturer's improper assembly of the firework, this is not considered a foreseeable risk. The harm of being injured due to a faulty firework is not something that a reasonable person could predict might happen.

It is important to note that lawsuits for risks that are not foreseeable are not barred by signs that state "use at your own risk." These signs do not protect the defendant from liability if the harm was not a foreseeable risk.