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Under the doctrine of comparative negligence

The Last Clear ChanceIf a person is partially responsible for her own injuries, her recovery may be barred or reduced accordingly. Georgia follows a modified comparative negligence approach. It allows a personal injury victim to recover damages even if she is partially at fault. However, her level of fault cannot exceed 50%. For example, she can be at fault by 20%. In this case, she would recover 80% damages. If she is found to be 51 percent at fault, her recovery will be barred.

The Last Clear Chance

However, there is a “last clear chance” rebuttal available to avoid such a result. In Georgia, the “Last Clear Chance” doctrine permits a personal injury plaintiff to recover even if she contributed to her own injuries. However, she has to show the other party involved in the incident had ample opportunity to be aware that you were in danger, and avoid injuring you.

In order to invoke the doctrine, the injured person must show that: 1) she put herself in a position of peril from which she could not extricate herself. 2) the other person must have knowledge and appreciation of the injured person’s peril in time to avoid the injury.

Therefore, the doctrine is only applicable when the other person’s failure to avoid the incident is the last negligent act. This would lead up to the incident and cause the accident. The doctrine is not applicable if you commit a negligent act which is the final negligent act before the accident. It is also important to note that it is not enough to show that the other party should have known about the danger. Rather, actual knowledge of the danger is required.

The Classic Application of the Doctrine

The classic application of the doctrine is where a person has drunkenly fallen asleep. Another example is somebody is unconscious in the roadway due to a self-inflicted condition. Her negligence may be overcome by the other person’s failure to discover her peril.

Call the Law Office Of Sidney Weinstein, 24/7. Call 404-522-3108 for a free consultation. I will determine your rights and pursue all legal remedies for your personal injuries. We can come to you at your home or any of the Atlanta, Georgia area hospitals. This includes Grady Memorial Hospital and Atlanta Medical Center.