Last Clear Chance

Pronunciation: LAST KLEER CHANS

Torts › Negligence Defenses

Definition

Plaintiff who was contributorily negligent can still recover if defendant had last clear chance to avoid harm and failed to do so. Developed to soften harsh contributory negligence rule. Defendant discovered plaintiff's peril and had opportunity to avoid harm. Generally abolished in comparative fault jurisdictions.

Related terms

• Contributory Negligence — A complete defense to negligence if plaintiff's own negligence contributed to their injuries. Under pure contributory negligence, even…
• Comparative Negligence — A system that apportions fault between plaintiff and defendant. Plaintiff's recovery is reduced by their percentage of fault.…
• Proximate Cause — A limitation on liability requiring that the harm suffered must be within the scope of risk created by…

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