Also known as: increases the risk · increased the risk · increasing the risk · increased risk
Written by attorneys · grounded in primary & secondary sources — see below
A condition or omission in negligence analysis that heightens the likelihood or severity of a particular harm. The increase supplies an essential element for imposing liability on one who undertakes to render protective services when that undertaking is performed without reasonable care. It also prevents an intervening force from becoming a superseding cause when the original conduct remains a substantial factor in producing the harm.
Ian Iverson agreed to watch Ivy Ibarra's toddler for the afternoon. He left the child alone near an open second-story window while taking a phone call. The toddler fell and suffered serious injuries. Ian's failure to maintain supervision increased the risk of the fall, exposing him to liability for the resulting harm.
Isaiah Ishikawa contracted with Iris Energy to inspect its turbines for safety defects. He performed the inspection carelessly and missed a cracked blade. A later failure of that blade injured a visiting technician. Isaiah's negligent inspection increased the risk of the blade failure, making him liable to the injured third party.
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Ivan Ivanov drove at excessive speed on a winding road, creating a heightened risk of collision. Another driver, startled by Ivanov's approach, swerved into oncoming traffic and struck Ilana Isaacs's vehicle. Ivanov's conduct remained a substantial factor in the crash despite the intervening swerve, so he stayed liable for the injuries.
The failure increases the risk when it heightens the probability or severity of the particular harm that ultimately occurs. This element satisfies the causation requirement under the relevant Restatement provisions even if the undertaking was gratuitous.
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Yes. When the actor's conduct creates or increases the risk of a particular harm and remains a substantial factor in causing it, an intervening force does not relieve the actor of liability unless the harm was intentionally caused by a third person outside the scope of the created risk.
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A misrepresentation defeats coverage if it increased the risk of loss or contributed to the loss, even without intent to deceive. Courts examine whether the misrepresented fact altered the insurer's assessment of the hazard beyond what the policy contemplated.
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