The clear chance rule in tort law enables a plaintiff to seek damages from a defendant even if the plaintiff was partially responsible for the accident. This rule applies when the defendant had the final opportunity to prevent the harm but failed to do so, regardless of the plaintiff’s negligence occurring earlier. It is also referred to as the last-clear-chance doctrine, discovered-peril doctrine, humanitarian doctrine, last-opportunity doctrine, subsequent-negligence doctrine, or supervening-negligence doctrine.
The concept of clear chance is related to the last-clear-chance doctrine in tort law. This doctrine enables a plaintiff to seek compensation from a defendant even if the plaintiff was partially responsible for their own harm. It applies when the defendant had the final opportunity to prevent the harm but failed to do so with reasonable care. In situations where the defendant’s negligence occurred after the plaintiff’s, the plaintiff can still hold the defendant accountable. For instance, if a pedestrian is hit by a car while jaywalking across a busy street, the pedestrian may be partially at fault for not using a crosswalk. However, if the driver had a clear chance to avoid hitting the pedestrian but failed to do so, the last-clear-chance doctrine would allow the pedestrian to recover damages from the driver. Similarly, if a construction worker is injured on the job due to their own negligence in not wearing proper safety gear, but the construction company had a clear chance to enforce safety regulations and neglected to do so, the injured worker can hold the company liable under the last-clear-chance doctrine. These examples demonstrate how this doctrine provides a means for plaintiffs to seek compensation even if they bear some responsibility for their own harm. As long as the defendant had a clear opportunity to prevent the harm and did not exercise reasonable care, they can still be held liable under this doctrine.
A clear chance refers to a situation where a person has a reasonable opportunity to avoid or prevent harm or injury to themselves or others.
Clear chance is often used as a defence in personal injury cases. If the defendant can prove that the plaintiff had a clear chance to avoid the accident or injury but failed to do so, it may reduce or eliminate the defendant’s liability.
No, clear chance is not applicable in all personal injury cases. It is typically used in situations where the plaintiff had a reasonable opportunity to avoid the harm, such as in car accidents or slip and fall cases.
When determining if a clear chance exists, factors such as the plaintiff’s awareness of the danger, their ability to avoid it, and the time available to react are taken into account.
No, clear chance is generally not applicable in cases involving intentional harm. It is primarily used in cases where negligence or carelessness is alleged.
No, clear chance is not applicable in cases involving strict liability. Strict liability holds defendants responsible for harm caused by their actions, regardless of fault or negligence.
Clear chance is rarely used as a defence in medical malpractice cases. These cases typically focus on the standard of care provided by the healthcare professional rather than the plaintiff’s ability to avoid harm.
A plaintiff can counter a clear chance defence by providing evidence that they did not have a clear chance to avoid the harm, such as proving that the defendant’s actions were sudden or unexpected.
No, clear chance is not applicable in criminal cases. It is primarily used in civil cases to determine liability and damages.
No, clear chance and contributory negligence are different legal concepts. Clear chance focuses on the plaintiff’s ability to avoid harm, while contributory negligence looks at the plaintiff’s own negligence or fault in causing the harm.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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