Legal Definitions - clear chance

Definition: Clear chance refers to the last-clear-chance doctrine in tort law. This rule allows a plaintiff who was partially responsible for their own harm to still recover damages from the defendant if the defendant had the final opportunity to prevent the harm but failed to do so with reasonable care. This means that if the defendant's negligence occurred after the plaintiff's, the plaintiff can still hold the defendant liable.

Examples:

• Imagine a pedestrian is jaywalking across a busy street and is hit by a car. The pedestrian is partially at fault for not crossing at a crosswalk, but the driver of the car had a clear chance to avoid hitting the pedestrian and failed to do so. In this case, the last-clear-chance doctrine would allow the pedestrian to recover damages from the driver.
• In another example, a construction worker is injured on the job due to their own negligence in not wearing proper safety gear. However, the construction company had a clear chance to enforce safety regulations and failed to do so. The last-clear-chance doctrine would allow the injured worker to hold the company liable for their injuries.

These examples illustrate how the last-clear-chance doctrine can provide a way for plaintiffs to recover damages even if they were partially responsible for their own harm. As long as the defendant had a clear chance to prevent the harm and failed to do so, they can still be held liable under this doctrine.