Legal Definitions - increased-risk-of-harm doctrine

The increased-risk-of-harm doctrine is a legal principle that allows a plaintiff to seek compensation when a defendant'snegligent actions or omissions significantly increased the likelihood of a particular harm occurring, and that harm subsequently materialized. This doctrine is often applied in situations where it is difficult to prove with absolute certainty that the defendant's negligence was the *direct cause* of the ultimate injury, but it can be shown that the negligence made the injury *more probable*. It shifts the focus from proving direct causation to proving that the defendant's conduct created a greater risk of the harm that eventually occurred. This doctrine is closely related to, and sometimes used interchangeably with, the "loss-of-chance doctrine."

Here are some examples illustrating the increased-risk-of-harm doctrine:

• Medical Malpractice: A patient visits their doctor complaining of persistent, unusual symptoms. The doctor, through negligence, fails to order appropriate diagnostic tests for several months. During this delay, an aggressive form of cancer, which was present but undiagnosed, progresses significantly. While the cancer itself was not *caused* by the doctor's negligence, the delay in diagnosis undeniably increased the risk of the cancer spreading, becoming untreatable, or leading to a worse prognosis. The patient could argue that the doctor's negligence increased the risk of a more severe outcome, even if the cancer's ultimate progression might have occurred anyway.
• Environmental Negligence: A manufacturing plant operates with outdated pollution control equipment, leading to the release of a known respiratory irritant into the air of a nearby residential community for an extended period. Residents in the community subsequently experience a higher incidence of chronic lung conditions. Although it may be impossible to prove that the plant's emissions *directly caused* any individual's lung condition (as other factors like smoking or genetics could contribute), the plant's negligent operation demonstrably increased the risk of residents developing such conditions.
• Workplace Safety: A construction company fails to provide proper fall protection equipment, such as safety harnesses or netting, to its workers operating at significant heights, despite industry standards requiring it. A worker subsequently falls and sustains serious injuries. While the worker might have made a misstep, the company's failure to provide the required safety equipment increased the risk of a fall resulting in severe injury. The worker could argue that the company's negligence created a heightened risk of the harm that ultimately occurred.