When comparing negligence to gross negligence, the main difference lies in the degree of carelessness involved. Ordinary negligence happens when a person fails to uphold a legal obligation of reasonable care, leading to harm inflicted onto another. By contrast, a defendant’s gross negligence surpasses simple careless behavior. Acting in a grossly negligent manner will demonstrate reckless disregard for the safety or rights of others, making it a far more serious legal issue.
How Do You Prove Ordinary Negligence?
According to Cornell Law School, there are four conditions that need to be proven for an ordinary negligence claim:
- The defendant owed a reasonable duty of care to the plaintiff at the time of the accident.
- The defendant did not provide that duty because he/she was negligent.
- The plaintiff suffered an injury.
- That negligence contributed to the injury of the plaintiff.
If a teacher failed to take attendance that resulted in a missing child, if a store owner didnโt put a wet floor sign near a puddle and it caused a fall, or if someone ignored a stop sign and rear-ended someone, all of these are examples of a potential negligence claim.
Koffman v. Garnett is a clear example of ordinary negligence where a football coach slammed one of his students on the ground despite weighing considerably more than the student, breaking his bones. Because the coach knew their size difference as well as implicit directions for Andrew to not defend himself, the coach acted with excessive force and was guilty of negligence.
What is Considered Gross Negligence?
Gross negligence is a step above ordinary negligence in that extreme injury was caused by a deliberate disregard for the safety of others. Any reasonable person can assess the defendantโs actions as a serious risk to human life and safety. Examples of gross negligence include:
- Driving under the influence and speeding in a populated school zone.
- A health inspector clearing a restaurant despite knowing they serve rotten food.
- A surgeon causing unnecessary, irreparable damage to their patient during an operation.
Green v. Ingram is an example of gross negligence where Sergeant George J. Ingram fired his shotgun through a door five times to break through a deadlock, but killed Christie D. Green with the surrounding shots.
Under Virginia Law, Ingram practiced gross negligence because he deviated from intended SWAT training, firing at the wood and not the metal where the deadbolt was located. His behavior showed โindifference to others as constitutes an utter disregard of prudenceโฆโ, a sign of gross negligence.
What Is the Main Difference Between Negligence and Gross Negligence?
The main difference between negligence and gross negligence is the level of carelessness towards another person’s safety. Negligence refers to careless behavior that causes someone to get hurt or have their property damaged. It does not require intent, meaning harm can be done unintentionally.
Gross negligence involves an extreme disregard for the safety or rights of others. It shows a higher degree of fault, where the individual’s behavior is so reckless to the point that harm was highly expected to happen. Simply put, negligence is failing to act with reasonable care, whereas gross negligence is a much more serious failure, demonstrating a reckless disregard for another person’s safety.
How Hard Is it to Prove Gross Negligence?
Proving gross negligence is more difficult than ordinary negligence since it requires demonstrating that the defendant’s conduct was not just careless, but recklessly indifferent. Courts will look for evidence that proves such behavior was overwhelmingly beyond simple mistakes, like an extreme disregard for foreseeable harm or repeated unsafe conduct. This will typically consist of:
- Witness information
- Expert reports
- Documentary evidence, like records, emails, or logs
- Photos or video footage of the accident scene that exhibits dangerous conduct
- History of past incidents or complaints showing a pattern of recklessness
Together, this can prove that the defendant’s behavior was unjust and it amounted to a conscious disregard for another person’s safety.
Legal Defenses in A Negligence Claim
The defense can make a number of arguments to disprove a negligence claim:
- The defendant does not owe a duty of care to the plaintiff.
- The plaintiff was responsible for their injury.
- The plaintiff accepted the risks associated with their actions that caused the injury.
Despite the arguments, it will be worth talking to a legal professional due to Californiaโs comparative negligence law, in which plaintiffs can collect damages even if the defendant is only partially negligent.
Recoverable Damages in a Negligence Claim
When it comes to negligence based claims, the injured party can recover both economic and non-economic damages. Economic damages will cover the measurable financial losses, including medical bills, lost wages, and property damage. Meanwhile, non-economic damages refer to subjective harms, such as mental anguish, loss of enjoyment of life, and pain and suffering.
In some cases, additional damages, like punitive damages, may be awarded if it can be proven that the defendant’s conduct exhibited gross negligence or reckless disregard for the safety of others. Personal injury lawyers will play an important role in ensuring that victims are awarded full compensation for any losses they endured. They can document and quantify the costs associated with the incident, making sure no expense has been overlooked and that no victim is left to take on complicated legal matters on their own.
Not Sure How to Pursue a Negligence Claim? West Coast Trial Lawyers Is Here to Help
If you suffered bodily harm because of someone else’s negligence, seeking legal assistance can help better your chances at getting the financial compensation you deserve. At West Coast Trial Lawyers, our personal injury lawyers can evaluate your situation, gather evidence, and calculate the full extent of damages you endured. By taking on negotiations with insurance companies and representing you in court (if needed), we will ensure that the at fault party is held accountable for their actions.
To book a FREE consultation, you can connect with us by calling (213) 927-3700 or filling out our convenient online contact form.ย
