Negligence vs Gross Negligence
Is gross negligence the exact same thing as negligence? Neglect is defined as careless or negligent actions that cause injury. Gross negligence is defined as reckless and deliberate disregard for others’ safety.
The difference might not be obvious to those who aren’t familiar with personal injury law. However, it is important to distinguish between them and how they can impact your claim.
What is Negligence?
Negligence is when a person fails take reasonable precautions to ensure their actions don’t endanger others’ safety or treatment. Negligence refers to conduct that poses a unreasonable risk to others.
You are legally responsible for any damages if you are negligent and cause another person injury.
These are some common examples of negligence:
- Driver who fails to obey a stop sign can cause a auto accident.
- Failure to post a “wet-floor” sign on a store’s floor or clean up any spillage immediately can result in a slip and fall.
- Failure to replace rotten steps on wooden porches by a property owner can cause a collapse and injure guests.
Each of these cases shows that the responsible party did not intend to cause harm to others, but their negligence caused an accident. Even if the responsible party didn’t mean to cause injury, they might still be legally responsible.
Injured parties can seek compensation through a civil lawsuit for medical bills, lost wages and property damage caused by the negligence of others. In some cases, the injured party can also seek compensation for their suffering and mental anguish. These are called pain and suffering damages
How can you prove negligence?
It is important to show that you were injured in an accident due to someone else’s negligence.
- The plaintiff owed the defendant a duty (i.e. Reasonable care for the safety of others)
- The defendant failed or violated its duty by failing to act in a reasonable manner (for instance, reckless driving or being intoxicated).
- The defendant should have known that they would cause the plaintiff carm
- Plaintiff suffered injuries for which they could be entitled to damages due to the defendants failure to uphold their “duty of care”
These elements may be present in a personal injury lawsuit. The injured party can claim damages for medical bills, lost earnings, property replacement and other damages.
What is gross negligence?
Gross negligence refers to the indifference or reckless disregard for others’ safety. Gross negligence goes beyond simple carelessness or failure of action. It is willful and reckless disregard for others’ safety and health.
Gross negligence can be described as:
- Driver speeds in an area of heavy pedestrian traffic.
- If a doctor prescribes a medication to a patient that is clearly listed in their medical records as having an allergy.
- For several days, nursing home staff failed to provide food or water to residents.
For example, although most car accidents are caused by careless driving or ordinary negligence, an injury caused by a drunk driver could be considered gross negligence depending on the circumstances.
If the damage or injury was caused by deliberate actions or extreme carelessness, damages may be increased to compensate the victim. Punitive damages may also be available to punish the offender.
A Negligence Claim
You should consult a lawyer immediately if you have been injured in an accident. An experienced personal injury lawyer will review the details of the accident to determine if negligence or gross negligence were involved.
Although it is possible to file a civil lawsuit on your own, this is not recommended. You will feel far more confident knowing your case is being handled by an experienced personal injury attorney.
Summarized from an article by Trial Lawyers Freeman & Freeman.
