11:19
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Simple English definitions for legal terms
subsequent-negligence doctrine
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A quick definition of subsequent-negligence doctrine:
The subsequent-negligence 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 chance to prevent the harm but failed to do so. This means that if the defendant's negligence occurred after the plaintiff's, the plaintiff may still have a case. It is also known as the last-clear-chance doctrine, discovered-peril doctrine, humanitarian doctrine, last-opportunity doctrine, or supervening-negligence doctrine.
A more thorough explanation:
The subsequent-negligence doctrine, also known as the last-clear-chance doctrine, is a legal rule in tort law. It states that a plaintiff who was partially responsible for their own injury can still recover damages from the defendant if the defendant had the last opportunity to prevent the harm but failed to do so.
For example, imagine a pedestrian who is jaywalking across a busy street. A driver sees the pedestrian but continues to speed towards them, hitting and injuring them. In this case, the driver may be held liable for the pedestrian's injuries, even though the pedestrian was also at fault for jaywalking.
This doctrine is used in some jurisdictions to allow plaintiffs to recover damages even if they were partially at fault for their own injuries. It is based on the idea that the defendant had a greater responsibility to prevent harm, as they had the last chance to avoid the accident.