Gross negligence is a legal concept with which not everyone is completely familiar. Basically, gross negligence exists when the lack of care is so aggravated that it is all but intentional. This extreme negligence represents an utter disregard of the normal precautions a careful person would take. When someone’s gross negligence causes harm to another person, even if it only contributes to the harm, it can form the basis for not only a personal injury claim, but could lead to punitive damages.
Gross negligence involves a higher degree of culpability than regular negligence because the defendant did not just fail to act with reasonable care, but rather acted with extreme carelessness and indifference to the potential risks at hand. This concept can apply to situations where the risks created were particularly obvious and severe or safety precautions or policies were deliberately ignored.
Gross negligence is similar to the standard that must be met for a jury (or court) court to award punitive (exemplary) damages. For an award of punitive damages, the jury or judge must find that the Defendant acted with malice or reckless indifference to the Plaintiff’s rights. The purpose of an award of punitive damages is to punish a wrongdoer for misconduct, and also to provide a warning to others.
When gross negligence rather than regular negligence is found in a personal injury case, damages awarded by the court can be significantly higher. It may also offer the opportunity for the injured party to be awarded punitive damages. While proving gross negligence can be difficult, a qualified personal injury attorney can help evaluate the strength of your claim.
If you’ve got specific questions, such as if your personal injury case potentially involves gross negligence, call Law One at (303) 831-8313.
