supervening negligence

To come within the doctrine of last clear chance or supervening negligence, four conditions must coexist, to wit:
(1) the injured party has already come into a position of peril;
(2) the injuring party then or thereafter becomes, or in the exercise of ordinary prudence ought to have become, aware, not only of that fact, but also that the party in peril either reasonably cannot escape from it or apparently will not avail himself of opportunities open to him for doing so;
(3) the injuring party subsequently has the opportunity by the exercise of reasonable care to save the other from harm; and
(4) he fails to exercise such care.

Black's law dictionary. . 1990.

Look at other dictionaries:

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