Last clear chance

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).

The Restatement (Second) of Torts explains the doctrine in detail as follows:

§ 479. LAST CLEAR CHANCE: HELPLESS PLAINTIFF

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,

§ 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