What is Last Clear Chance?
A legal doctrine that allows a negligent plaintiff to recover damages if the defendant had the last clear opportunity to avoid the accident but failed to do so.
Understanding Last Clear Chance
The last clear chance doctrine is primarily used in contributory negligence jurisdictions as an exception to the harsh rule that any plaintiff negligence bars recovery. If the plaintiff can show that despite their own negligence, the defendant had the final opportunity to prevent the harm and failed to act, the plaintiff may still recover. This doctrine is less relevant in comparative negligence states.
Examples
- 1Jaywalking pedestrian struck by driver who saw them but failed to brake
- 2Stalled car on highway hit by driver who had time to change lanes
- 3Trespasser on tracks struck by train that had time to stop
Related Terms
Contributory Negligence
A legal doctrine in which a plaintiff who is found to be even slightly at fault for their own injuries is completely barred from recovering any compensation from the defendant.
Comparative Negligence
A legal doctrine that allows damages to be apportioned based on each party's degree of fault. The plaintiff's recovery may be reduced by their percentage of fault.
Negligence
The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.
Proximate Cause
The primary or legal cause of an injury that is sufficiently related to the harm to justify holding the defendant responsible, even if other factors also contributed.
Duty of Care
A legal obligation requiring a person or entity to exercise a reasonable level of caution and prudence to avoid causing foreseeable harm to others.
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