Last Clear Chance - Application Of Doctrine

There are four possible cases in which the rule of last clear chance can be applied.

The typical last clear chance situation involves the helpless plaintiff against the observant defendant, and all courts that accept the doctrine will apply it. The few courts that do not recognize the rule attain the same result under the doctrine of willful and wanton misconduct.

In the helpless plaintiff-inattentive defendant and the inattentive plaintiff-observant defendant cases, most jurisdictions that acknowledge the rule apply it.

Where the case entails the inattentive plaintiff against the inattentive defendant, the justifications for the rule are eliminated, and nearly all jurisdictions refuse to apply it.

The defendant's negligence must occur subsequent to that point in time when the person discovered or should have discovered the plaintiff's peril.