Because of the harshness of the all-or-nothing contributory negligence rule,nearly all states have now substituted the last clear chance doctrine for contributory negligence.

Question

Quizplus · Accepted Answer

Most states have adopted comparative negligence instead of the all-or-nothing contributory negligence rule, not the last clear chance doctrine. The last clear chance doctrine allows a plaintiff to recover damages even if they were also negligent, provided the defendant had the last opportunity to avoid the accident. Comparative negligence, on the other hand, allocates damages based on the degree of fault of each party.

Because of the Harshness of the All-Or-Nothing Contributory Negligence Rule,nearly