Virginia's New Last Clear Chance Doctrine

Rule # 1. Where the injured person has negligently placed himself in a situation of peril from which he is physically unable to remove himself, the defendant is liable if he saw, or should have seen, him [and realized, or ought to have realized, his peril] in time to avert the accident by using reasonable care. 'Rule # 2. Where the plainfiff has negligently placed himself in a situation of peril from which he is physically able to remove himself, but is unconscious of his peril, the defendant is liable only if he saw the plaintiff and realized, or ought to have realized, his peril in time to avert the accident by using reasonable care. These two rules state the new last clear chance doctrine in Virginia.

They were announced by the Supreme Court of Appeals in a unanimous decision on September 14, 1955, in Greear v. Noland Co., 197 Va. 233, 238. Rule # 1 has always been the law in Virginia and elsewhere. Rule # 2 is new, and it brings Virginia -in line with the overwhelming weight of authority in America.

Prior to this decision the Virginia law on last clear chance was in a state of hopeless confusion.