16/01/2025
What is Doctrine of Last Clear Chance?
The doctrine of last clear chance is a legal principle that determines who is responsible for an accident when both parties are negligent. It's used in tort law, especially in cases involving personal injury.
How it works?
The doctrine considers which party had the last chance to avoid the accident.
If the defendant had the last chance to avoid the accident, the plaintiff may be able to recover damages.
The defendant may also use the doctrine as a defense if the plaintiff had the last chance to avoid the accident.
When it's applied?
The doctrine is often used in states that have contributory negligence laws.
It's an exception to contributory negligence laws, which state that a plaintiff who was even a little at fault can't recover damages.