Legal Definitions - incurred risk

Incurred risk is a legal concept, often used interchangeably with assumption of the risk, that describes a situation where an individual knowingly and voluntarily exposes themselves to a danger. For this concept to apply, it must be demonstrated that the person understood the specific risk involved and chose to proceed despite that understanding. It implies that the individual willingly accepted the potential for harm.

Here are some examples illustrating incurred risk:

• Example 1: Extreme Sports

  A person decides to go white-water rafting on a river known for its challenging rapids. Before starting, they receive a safety briefing, are informed about the potential for capsizing and falling into the water, and sign a waiver acknowledging these inherent dangers. During the trip, the raft hits a large rapid, and the person is thrown out, sustaining a minor injury from hitting a rock. Because they were aware of the inherent risks of white-water rafting, were briefed on them, and voluntarily chose to participate, they are considered to have incurred the risk of such an event.

• Example 2: Navigating a Known Hazard

  A homeowner has a broken step on their porch, which they have clearly marked with bright tape and a "DANGER: BROKEN STEP" sign. A visitor, seeing the sign and the tape, decides to use that step anyway, rather than an alternative, safe path. The visitor missteps on the broken portion and twists their ankle. In this scenario, the visitor incurred the risk because they had clear knowledge of the specific hazard and voluntarily chose to encounter it despite the warning.

• Example 3: Attending a Sporting Event

  A spectator attends a professional baseball game and chooses to sit in the front row along the first baseline, an area known for foul balls and broken bats potentially entering the stands. Throughout the game, warnings are displayed on the scoreboard and announced over the loudspeaker about staying alert for flying objects. If a foul ball is hit into the stands and strikes the spectator, causing an injury, they are generally considered to have incurred the risk associated with sitting in that area at a baseball game, as the possibility of such an event is a known and accepted part of the experience.