Tuesday, May 10, 2011
WHAT IS THE VALUE OF MY PERSONAL INJURY CASE? The "Last Clear Chance" doctrine in action
A recent case shows the "Last Clear Chance" doctrine in action. The Maryland Daily Record [volume 122/Number 151] is reporting that a Baltimore personal injury lawyer has convinced a jury that the last clear chance principle should allow a negligent plaintiff to recover for his injuries. The plaintiff, an electrician, was severely injured when a circuit breaker exploded. The insurance company for the installer of the power system argued that the plaintiff was negligent for not having shut off the power prior to repairs, and therefore was barred from recovery. Plaintiff's Baltimore personal injury lawyer successfully argued that the representative of the defendant, present at the inspection, should have warned the plaintiff to turn off the power, and this was their last clear chance to avoid the injury.