The last clear chance doctrine of tort law is applicable to negligence cases in jurisdictions that apply rules of contributory negligence in lieu of comparative negligence. Under this doctrine, a negligent plaintiff can nonetheless recover if he is able to show that the defendant had the last opportunity to avoid the accident. Though the stated rationale has differed depending on the jurisdiction adopting the doctrine, the underlying idea is to mitigate the harshness of the contributory negligence rule. Conversely, a defendant can also use this doctrine as a defense. If the plaintiff has the last clear chance to avoid the accident, the defendant will not be liable.
The introduction of the doctrine is widely attributed to the English case of Davies v. Mann, 152 Eng. Rep. 588 (1842).
A plaintiff who has negligently subjected himself to a risk of harm from the defendant's subsequent negligence may recover for harm caused thereby if, immediately preceding the harm,
(a) the plaintiff is unable to avoid it by the exercise of reasonable vigilance and care, and
(b) the defendant is negligent in failing to utilize with reasonable care and competence his then existing opportunity to avoid the harm, when he
(i) knows of the plaintiff's situation and realizes or has reason to realize the peril involved in it or
(ii) would discover the situation and thus have reason to realize the peril, if he were to exercise the vigilance which it is then his duty to the plaintiff to exercise.
§ 480. LAST CLEAR CHANCE: INATTENTIVE PLAINTIFF
A plaintiff who, by the exercise of reasonable vigilance, could discover the danger created by the defendant's negligence in time to avoid the harm to him, can recover if, but only if, the defendant
(a) knows of the plaintiff's situation, and
(b) realizes or has reason to realize that the plaintiff is inattentive and therefore unlikely to discover his peril in time to avoid the harm, and
(c) thereafter is negligent in failing to utilize with reasonable care and competence his then existing opportunity to avoid the harm.[1]
^Restatement (Second) of Torts, sections 479-480, quoted in Court of Appeals of Tennessee, Middle Section, Braden v Hall, 730 S.W.2d 329 (Tenn. Ct. App. 1987), p. 331, published 11 May 1987, accessed 12 May 2024
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last, clear, chance, film, last, clear, chance, this, article, needs, additional, citations, verification, please, help, improve, this, article, adding, citations, reliable, sources, unsourced, material, challenged, removed, find, sources, news, newspapers, bo. For the film see Last Clear Chance This article needs additional citations for verification Please help improve this article by adding citations to reliable sources Unsourced material may be challenged and removed Find sources Last clear chance news newspapers books scholar JSTOR April 2022 Learn how and when to remove this message The last clear chance doctrine of tort law is applicable to negligence cases in jurisdictions that apply rules of contributory negligence in lieu of comparative negligence Under this doctrine a negligent plaintiff can nonetheless recover if he is able to show that the defendant had the last opportunity to avoid the accident Though the stated rationale has differed depending on the jurisdiction adopting the doctrine the underlying idea is to mitigate the harshness of the contributory negligence rule Conversely a defendant can also use this doctrine as a defense If the plaintiff has the last clear chance to avoid the accident the defendant will not be liable The introduction of the doctrine is widely attributed to the English case of Davies v Mann 152 Eng Rep 588 1842 Statement editThe Restatement Second of Torts explains the doctrine in detail as follows 479 LAST CLEAR CHANCE HELPLESS PLAINTIFFA plaintiff who has negligently subjected himself to a risk of harm from the defendant s subsequent negligence may recover for harm caused thereby if immediately preceding the harm a the plaintiff is unable to avoid it by the exercise of reasonable vigilance and care and b the defendant is negligent in failing to utilize with reasonable care and competence his then existing opportunity to avoid the harm when he i knows of the plaintiff s situation and realizes or has reason to realize the peril involved in it or dd ii would discover the situation and thus have reason to realize the peril if he were to exercise the vigilance which it is then his duty to the plaintiff to exercise dd 480 LAST CLEAR CHANCE INATTENTIVE PLAINTIFFA plaintiff who by the exercise of reasonable vigilance could discover the danger created by the defendant s negligence in time to avoid the harm to him can recover if but only if the defendant a knows of the plaintiff s situation and b realizes or has reason to realize that the plaintiff is inattentive and therefore unlikely to discover his peril in time to avoid the harm and c thereafter is negligent in failing to utilize with reasonable care and competence his then existing opportunity to avoid the harm 1 See also editAvoidable consequences rule Personal injuryReferences edit Restatement Second of Torts sections 479 480 quoted in Court of Appeals of Tennessee Middle Section Braden v Hall 730 S W 2d 329 Tenn Ct App 1987 p 331 published 11 May 1987 accessed 12 May 2024 nbsp This legal term article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Last clear chance amp oldid 1223443279, wikipedia, wiki, book, books, library,
