Which defense holds that the party who had the last clear chance to avoid harm and fails to do so is solely responsible for the harm?

• A. Assumption-of-risk defense
• B. Forty nine percent comparative negligence rule
• C. Last clear chance doctrine
• D. Contributory negligence

Answer: (C)

The last clear chance doctrine is about liability when both sides have contributed to a peril, but one party had the final, decisive opportunity to avert the harm and failed to take it. If the party who had that last, clear chance to avoid the injury does nothing and the injury results, that party can be held responsible, even if the other party was negligent earlier. This principle shifts liability to the actor who actually had the opportunity to prevent the harm and chose not to act.

This is distinct from an assumption-of-risk defense, where a plaintiff knowingly exposed themselves to danger and thus cannot recover. It also differs from contributory negligence, where the plaintiff’s own negligence can bar recovery altogether, and from the forty-nine percent comparative negligence rule, which simply allocates fault between parties rather than focusing on who had the last opportunity to prevent harm.