60.210 Torts; Proximate Cause; Last Clear Chance

60.210 Torts; Proximate Cause; Last Clear Chance People are under an obligation to use ordinary care to avoid injuring others after finding them in a dangerous place, regardless of how they got there, and are liable for the failure to do so. This rule is known as the Last Clear Chance Doctrine. The Last Clear Chance Doctrine only applies when it is proved by a preponderance of the evidence that the plaintiff(s) placed himself/herself/themselves in danger because of his/her/their own negligence, the defendant actually knew of the plaintiff's (plaintiffs') danger, and the defendant had opportunity to take action to avoid the injury to the plaintiff(s) by the use of ordinary care under the conditions and circumstances that existed at that time but failed to do so. If you find such to be proved, then the failure of the defendant to use ordinary care under such circumstances to avoid the injury to the plaintiff(s) would be considered the proximate cause of the plaintiff's (plaintiffs') injuries. Stallings v. Cuttino, 205 Ga. App. 581, 583 (1992) Smith v. Mobley, 185 Ga. App. 462, 463 (1987) Lovett v. Sandersville R.R. Co., 72 Ga. App. 692, 695­98, 700 (1945)