What is the outcome under contributory negligence if the defendant had the last clear chance to avoid the accident?

When a defendant had the last clear chance to avoid an accident, this is significant in the context of contributory negligence. The doctrine of contributory negligence generally bars a plaintiff from recovering damages if they are found to be at all negligent. However, the last clear chance rule provides a compelling rationale for allowing recovery despite the plaintiff's negligence.

Under this rule, if the defendant had the final opportunity to prevent the harm but failed to do so, the plaintiff's prior negligence does not bar them from recovery. This is because the defendant's failure to act effectively supersedes the plaintiff's earlier negligent behavior. It holds that the defendant can be held fully responsible since they had the opportunity to avoid the accident after recognizing the plaintiff's peril.

Therefore, in situations where the defendant had the last clear chance, contributory negligence is disregarded as a defense, enabling the plaintiff to seek compensation for their injuries or damages. This principle seeks to enhance fairness in civil liability by considering the actions and responsibilities of each party involved in the incident.