What You Need to Know About Gross Negligence
Gross negligence is a lack of reasonable care demonstrating disregard for the safety and health of others, to a degree that appears to be a conscious violation of others’ right to safety. Here is everything you need to know about gross negligence.
Gross negligence can occur in the workplace, vehicle accidents, households and more. Any injured person who believes they are a victim of gross negligence may file a lawsuit against the at-fault (negligent) party. This article will discuss the four elements of negligence the claimant must prove to succeed in court.
Negligence vs Gross Negligence: The Difference
Gross negligence is a more heightened degree of negligence. Unlike ordinary negligence, gross negligence implies extreme disregard and failure to use even slight care to avoid harming the life or property of another.
For instance, a driver running a stop sign and causing an accident is ordinary negligence. A driver speeding in a pedestrian-heavy area and causing an accident is gross negligence. In the second scenario, the driver is aware they are driving in a pedestrian-heavy area and willfully speeds, displaying extreme and reckless disregard for the safety of others.
With gross negligence, harm is easily foreseeable. Someone charged for gross negligence faces harsher penalties than someone charged for ordinary negligence.
Related: Suing an Employer for Gross Negligence
Elements of Gross Negligence
Proving gross negligence when suing involves four elements:
1. Duty: the existence of a legal duty that the defendant (at-fault party) owed to the claimant
The legal duty requires the defendant to conform their actions to that particular legal standard in the presence of the claimant.
2. Breach: defendant’s breach of that duty
The defendant failed to meet that applicable standard of care, violating the legal duty.
3. Damage: claimant’s sufferance of an injury
The claimant provides evidence, which could be in the form of medical records, photos or videos, to prove the sustained injury.
4. Causation: proof that defendant’s breach caused the injury
Related: What is Comparative Negligence?
As a result of breaching the legal duty of care, the defendant caused the claimant’s injury. Proximate cause typically defines the causation element, meaning the claimant must provide legally-sufficient proof to support the defendant’s liability (legal responsibility) for the incident.
If the case satisfies all four elements, the injured party may claim compensation for medical bills, lost wages, emotional distress and other damages.
FAQs About Gross Negligence
What is the maximum amount of compensation I can receive for a gross negligence lawsuit?
Compensation maximums depend on your state’s laws, but damages for gross negligence generally have no cap.
What if I signed a liability waiver?
Signing a liability waiver makes compensation more difficult to recover. In most cases, however, states consider waivers invalid in acts of gross negligence.
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