Legal Definitions - clear chance

The term clear chance is most commonly understood within the context of the Last Clear Chance Doctrine, a legal principle in negligence law.

The Last Clear Chance Doctrine allows a plaintiff (the injured party) to recover damages even if they were partially negligent in causing their own injury, provided the defendant (the party causing harm) had the final opportunity—the "last clear chance"—to avoid the accident but failed to do so. Essentially, it shifts the responsibility to the party who had the final, obvious opportunity to prevent the harm.

Therefore, a clear chance refers to a specific opportunity that a party had, through the exercise of ordinary care and attention, to prevent an accident or injury, even if the other party was initially negligent. This opportunity must have been apparent and actionable, meaning a reasonable person in the same situation would have recognized the danger and been able to take steps to avoid it.

Here are some examples illustrating the concept of a "clear chance":

• Example 1: Traffic Accident

  Imagine a pedestrian is crossing a street outside of a designated crosswalk (which could be considered negligent behavior). A driver approaches the intersection and sees the pedestrian in the road from a significant distance away. Despite having ample time and space to slow down, stop, or safely swerve to avoid hitting the pedestrian, the driver is distracted by their phone and collides with them.

  In this scenario, the driver had the clear chance to avoid the accident. Even though the pedestrian was initially negligent by jaywalking, the driver had a distinct and obvious opportunity to prevent the collision by exercising reasonable care (paying attention and reacting appropriately) but failed to do so.

• Example 2: Workplace Safety

  Consider a construction site where a worker, against safety protocols, leaves a piece of equipment dangerously close to the edge of a platform. A supervisor walks by, observes the improperly placed equipment, and recognizes the immediate hazard it poses to anyone passing by. However, instead of moving it or warning others, the supervisor decides to address it later, believing they have more urgent tasks. Shortly after, another worker, not noticing the equipment, trips over it and is injured.

  Here, the supervisor had the clear chance to prevent the injury. Despite the initial worker's negligence in creating the hazard, the supervisor had a direct opportunity to mitigate the danger and prevent harm but chose not to act immediately, thus failing to exercise their clear chance.

• Example 3: Recreational Activity

  Suppose two individuals are kayaking on a river. Kayaker A is struggling and drifting towards a known set of rapids, which is a dangerous area (demonstrating some negligence in navigation). Kayaker B, who is more experienced, sees Kayaker A's predicament from upstream and has enough time to paddle over, offer assistance, or warn them effectively. Instead, Kayaker B decides to continue paddling ahead, assuming Kayaker A will manage, and Kayaker A subsequently gets into trouble in the rapids.

  Kayaker B had a clear chance to intervene and prevent Kayaker A from entering the dangerous rapids. Even if Kayaker A was initially negligent in their navigation, Kayaker B had a discernible opportunity to avert further harm but did not take it.