discovered peril doctrine

discovered peril doctrine
The doctrine of discovered peril (or "last clear chance") is regarded as a limitation of, or an exception to, the general rule of contributory negligence precluding a plaintiffs recovery. It is founded on considerations of public policy, deduced from humanitarian principles, which impose a moral duty upon everyone to avoid injuring another unnecessarily. The three essential elements which comprise the doctrine of discovered peril are:
(1) the exposed condition brought about by the negligence of the plaintiff,
(2) the actual discovery by defendant or his agents of plaintiffs perilous situation in time to have averted the injury by use of all means at their command commensurate with their own safety, and
(3) failure thereafter to use such means. The party raising the issue of discovered peril must also prove that the opposing party's negligent conduct was a proximate cause of the injuries he sustained. Welch v. Ada Oil Co., Tex.Civ.App., 302 S.W.2d 175, 179.

Black's law dictionary. . 1990.

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  • discovered peril doctrine — The doctrine of discovered peril (or last clear chance ) is regarded as a limitation of, or an exception to, the general rule of contributory negligence precluding a plaintiffs recovery. It is founded on considerations of public policy, deduced… …   Black's law dictionary

  • discovered peril — For all practical purposes the doctrine of discovered peril is the same in scope and effect as the last clear chance doctrine. Soards v Shreveport Rys. Co. (La App) 8 So 2d 343, 344. See last clear chance …   Ballentine's law dictionary

  • peril — per·il / per əl/ n 1: exposure to the risk of death, destruction, or loss 2: the cause of a loss (as of property) insured their home against fire, floods, and other peril s compare risk Mer …   Law dictionary

  • last clear chance doctrine — This doctrine permits a plaintiff in a negligence action to recover, notwithstanding his own negligence, on a showing that the defendant had the last clear chance to avoid the accident. Jarrett v. Madifari, 67 A.D.2d 396, 415 N.Y.S.2d 644, 649.… …   Black's law dictionary

  • last clear chance doctrine — This doctrine permits a plaintiff in a negligence action to recover, notwithstanding his own negligence, on a showing that the defendant had the last clear chance to avoid the accident. Jarrett v. Madifari, 67 A.D.2d 396, 415 N.Y.S.2d 644, 649.… …   Black's law dictionary

  • last clear chance — n: a doctrine in the law of negligence: the contributory negligence of a plaintiff in putting himself or herself in peril will not bar recovery from a defendant who could have avoided injuring or killing the plaintiff by the use of ordinary care… …   Law dictionary

  • discovery — dis·cov·ery n pl er·ies 1: the act or process of discovering 2: something discovered applied for a patent for the discovery 3 a: the methods used by parties to a civil or criminal action to obtain information held by the other party that is… …   Law dictionary

  • knowledge — Acquaintance with fact or truth. People v. Henry, 23 Cal.App.2d 155, 72 P.2d 915, 921. It has also been defined as act or state of knowing or understanding, Witters v. U. S., 70 App.D.C. 316, 106 F.2d 837, 840; actual knowledge, notice or… …   Black's law dictionary

  • knowledge — Acquaintance with fact or truth. People v. Henry, 23 Cal.App.2d 155, 72 P.2d 915, 921. It has also been defined as act or state of knowing or understanding, Witters v. U. S., 70 App.D.C. 316, 106 F.2d 837, 840; actual knowledge, notice or… …   Black's law dictionary

  • discover — dis·cov·er vt 1: to find out about, recognize, or realize for the first time when the victim discover s the fraud see also discovery rule 2 a: to make the subject of discovery b: to learn of or obtain (informa …   Law dictionary

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