How can a partially negligent person recover damages under the Last Clear Chance Doctrine?

The Last Clear Chance Doctrine allows a partially negligent person to recover damages if they can show that the defendant had the last opportunity to avoid the accident. This legal principle emphasizes that even if a plaintiff has been negligent, they may still be entitled to damages if the defendant could have prevented the harm but failed to do so. It recognizes a scenario in which the defendant's later actions can be deemed more negligent or careless, thereby allowing the plaintiff, despite their own negligence, to seek compensation.

In situations where this doctrine applies, the key point is that the defendant had a duty to act upon realizing the danger to the plaintiff but did not take reasonable steps to avert the accident. Therefore, proving that the defendant had this last opportunity is critical in establishing liability and enabling recovery for damages, regardless of the plaintiff's partial negligence. This principle balances the responsibilities of both parties involved in the incident.