North Carolina Jury Instruction - 6.1 Burden Of Proof When Only Plaintiff Has Burden Of Proof
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FAQ
The last clear chance doctrine is an affirmative defense usually asserted by a defendant to attempt to defeat a negligence claim. This defense essentially provides that the plaintiff had the last opportunity to prevent the harm that occurred and therefore recovery should be barred or reduced.
The last clear chance doctrine allows plaintiffs the chance of recovery even if they were negligent in their actions. In North Carolina, this doctrine plays a major role for plaintiffs as contributory negligence presents a potentially significant obstacle to recovery.
The legal standard (burden of proof) is higher than preponderance of the evidence but does not rise to the level of proof beyond a reasonable doubt. In order to satisfy this burden, the party with the burden of proof must show that it is more likely than not that a fact or event occurred.
Last clear chance doctrine means that the defendant can reasonably avoid an accident, even if he or she doesn't cause the accident.
Ing to the American Bar Association (ABA), some exceptions where contributory negligence laws do not apply include: Personal injury cases involving minors, particularly children younger than five years of age. Product liability cases. Personal injury cases where the ?last clear chance? rule might apply.
In North Carolina, the doctrine of contributory negligence essentially bars an injured party from receiving recovery if the damages suffered are partially their own fault. North Carolina is one of only four states to still follow this old common law principle.