subsequent negligence

The negligence of the defendant when, after the defendant’s initial negligence and the plaintiff’s contributory negligence, the defendant discovers — or should have discovered — that the plaintiff was in a position of danger and fails to exercise due care in preventing the plaintiff’s injuries.

— Also termed supervening negligence. See LAST-CLEAR-CHANCE DOCTRINE. [Cases: Negligence 530. C.J.S. Negligence §§ 281–290, 313, 318.]

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词条贡献者

译员圣强，国际仲裁与争端解决专业，专注翻译各种与跨境争议有关的法律文件。