NosyBeagle
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Simple English definitions for legal terms
discovered-peril doctrine
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A quick definition of discovered-peril doctrine:
The discovered-peril doctrine, also known as the last-clear-chance doctrine, is a rule in tort law that allows a plaintiff who was partially at fault for their own harm to still recover damages from the defendant if the defendant had the last opportunity to prevent the harm but failed to do so. This means that even if the plaintiff was negligent, if the defendant had a chance to avoid the harm and didn't take reasonable care to do so, they can still be held liable. This doctrine is used in some jurisdictions where contributory negligence completely bars recovery.A more thorough explanation:
The discovered-peril doctrine is also known as the last-clear-chance doctrine. It is a rule in tort law that allows a plaintiff who was partially at fault for their own injury to still recover damages from the defendant if the defendant had the last opportunity to prevent the harm but failed to do so.
For example, if a pedestrian is jaywalking and gets hit by a car, the pedestrian may be partially at fault for their own injuries. However, if the driver of the car saw the pedestrian but failed to take reasonable action to avoid hitting them, the driver may still be held liable for the pedestrian's injuries under the discovered-peril doctrine.
This doctrine is used in jurisdictions where contributory negligence completely bars recovery. It allows the plaintiff to rebut the contributory negligence defense if the defendant's negligence is later in time than the plaintiff's.