Subsequent-Negligence Doctrine Law and Legal Definition

Subsequent negligence doctrine is a principle of tort law that allows a plaintiff who committed contributory acts of negligence to recover damages against a defendant who had the last opportunity in time to avoid the damage. Subsequent negligence doctrine is also known as last-clear-chance doctrine.

The following are examples of case law on the doctrine :

The subsequent negligence doctrine requires confession of negligence on the part of plaintiff, discovery thereof by defendant in time and with ability to avoid the injury, and the latter's failure to do so. [Agranowitz v. Levine, 298 Mich. 18 (Mich. 1941)]

A plaintiff may not recover under the subsequent negligence doctrine if his negligence continued to the moment of the accident, was concurrent with the defendant's negligence, and was a proximate cause of the injury at issue.

[Leemon v. Leemon, 56 Mich. App. 424 (Mich. Ct. App. 1974)]