Legal Definitions - subsequent negligence

Definition: Subsequent negligence refers to the negligence of the defendant when, after the defendant's initial negligence and the plaintiff's contributory negligence, the defendant discovers or should have discovered that the plaintiff was in a position of danger and fails to exercise due care in preventing the plaintiff's injuries.

Example: A driver is speeding and hits a pedestrian who was jaywalking. The pedestrian is partially at fault for not crossing at a crosswalk. However, after the initial accident, the driver realizes that the pedestrian is still in danger and fails to take any action to prevent further harm. This subsequent negligence on the part of the driver could result in further liability for any additional injuries sustained by the pedestrian.

This example illustrates how subsequent negligence occurs when a defendant fails to take reasonable steps to prevent further harm after realizing that their initial negligence has put someone in danger.