Also known as: subsequently negligent · last clear chance doctrine
Written by attorneys · grounded in primary & secondary sources — see below
Conduct by one party occurring after another party's contributory negligence has placed the latter in peril. The later conduct supplies a last clear chance to avoid harm when the imperiled party cannot extricate himself by reasonable care and the later actor fails to use an available opportunity to prevent injury.
Santiago Sanchez bypassed a required safety lockout and entered an active turbine nacelle during high winds. He slipped and became trapped with his legs exposed to the rotating blades. Simon Stern monitored the control console and received repeated alerts showing the obstruction but postponed review to avoid an output interruption. When Stern finally initiated the shutdown the blades struck Sanchez, causing serious injury.
Sylvia Santos negligently crossed an icy walkway she knew was hazardous and fractured her leg. While recovering in a cast she was struck by a vehicle driven by a third party who failed to brake in time. The fracture had left Santos unable to move quickly enough to reach safety.
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No. Under the last clear chance doctrine a plaintiff who negligently placed himself in peril may still recover if he was unable to avoid the harm by reasonable care immediately before the injury and the defendant failed to use a then-existing opportunity to prevent it.
The plaintiff must establish that he could not avoid the harm by reasonable vigilance immediately before the injury and that the defendant negligently failed to use an available opportunity to avert it.
No. The Institute expresses no opinion on that question.
…outline of the specific form to be adopted. Although several states which apply comparative negligence concepts retain the last clear chance doctrine (see Schwartz, supra , § 7.2, p. 134), the better reasoned position seems to be that when true comparative negligence is adopted, the need for last clear chance as a palliative of the…