Difference Between Negligence and Gross Negligence

cartwrightlaw - January 23, 2024 -

If you have been involved in filing personal injury claims, you have definitely come across “negligence” and “gross negligence.” However, they both diverge in the level of carelessness exhibited. Negligence involves an unintentional and irresponsible act in a given situation that results in harm. Gross negligence, however, goes beyond mere carelessness to include reckless disregard or extreme indifference for others’ safety or rights.

Usually, negligence claims carry different levels of liability and damages. A San Francisco personal injury attorney from The Cartwright Law Firm can evaluate the case to secure fair compensation. They will guide you to ensure your rights are protected based on the level of carelessness involved.

What Is Negligence?

Negligence, also referred to as ordinary negligence, is a basic element in tort law. However, negligence cases often end up in both criminal and civil courts.

Negligence is primarily an act of carelessness where an individual fails to exercise the prudence expected of a reasonable person in similar circumstances. A prudent person is one who exercises the level of care, attention, and caution that a sensible individual would under similar circumstances. This standard is key in establishing negligence.

For example, negligence can be seen in these cases:

A distracted driver causing an accident
A medical professional administering the wrong medication
A property owner fails to address a hazardous condition, leading to a slip and fall
A manufacturer releasing a defective product
A business neglecting safety regulations

The above cases may be accidental, yet they were careless acts that could potentially cause harm to people. To establish negligence, four crucial elements must be proven:

Duty of care: Legal obligation to act responsibly to prevent foreseeable harm.
Breach of duty: This is the violation of this obligation, which leads to a failure to meet the expected standard of care.
Causation: Establishes a connection between the breach and the harm suffered.
Damages: Losses incurred, whether they be economic or non-economic damages. They include medical expenses, property damage, lost income, pain and suffering, and mental distress.

These elements complete the foundation for negligence claims. Your attorney will usually evaluate the case to ensure it meets this criteria before filing a claim case.

What Is Gross Negligence?

Gross negligence involves a serious form of legal culpability and goes past ordinary negligence. It denotes a reckless disregard for the safety and well-being of others, usually one that surpasses the simple lack of care associated with negligence.

Unlike ordinary negligence, gross negligence involves a conscious and egregious indifference to the potential consequences of one’s actions. It goes beyond mere oversight or inadvertence and showcases a level of recklessness that shocks the conscience. The difference lies in deliberately departing from the standard of care expected from a reasonable person in similar circumstances.

Cases involving gross negligence often attract more severe legal consequences due to the egregious nature of the conduct. In some jurisdictions, it may even result in punitive damages for punishing the wrongdoer and deterring similar conduct in the future.

Examples of gross negligence include:

Where a healthcare professional knowingly administers the wrong medication without regard for potential harm
If a company willfully disregards safety regulations, resulting in significant harm
Neglecting a resident of a nursing home, for instance, leaving them without care for three days in a row
Speeding through a parking lot with a lot of human traffic
Driving under the influence (DUI)

As seen in the above examples, there was a conscious decision to proceed with actions that foreseeably pose a risk of injury.

What Is the Difference Between the Two?

Ordinary negligence and gross negligence have inherent differences. Firstly, gross negligence carries more weight and is, therefore, more culpable than ordinary negligence.

Ordinary negligence can arise from situations such as:

Getting distracted
Not noticing a detail
Forgetting something
Being inattentive
Making a careless mistake

Gross negligence involves a deliberate choice that places others at risk. This is unlike ordinary negligence, which denotes an accidental happening due to careless actions.

Because of the differences in the magnitude of these two types of negligence, they can alter your personal injury claim in many ways. It is important to engage a personal injury lawyer to accurately evaluate the case and ensure that the liable party/parties pay for damages that reflect their level of negligence.

How Can It Impact a Personal Injury Claim?

In a lawsuit based on negligence, the distinction between ordinary and gross negligence can significantly influence the trajectory of your case. There are three key ways in which this difference can impact your personal injury claim:

Preventing the Enforcement of a Liability Waiver

When a defendant is deemed to have acted with gross negligence, it may nullify the effectiveness of any liability waivers that the injured party might have signed. Liability waivers are contracts often used to absolve individuals or entities of responsibility for certain risky activities, such as:

Whitewater rafting
Skydiving
Organized sports

However, such waivers could be rendered unenforceable if there were:

Gross negligence
Intentional acts or omissions
Illegal activity
Reckless conduct

If any of these elements exist in a release of liability waiver, the injured party is legally eligible to pursue a claim for damages. This means they can pursue their rights with the help of a judge. So, signing the liability waiver doesn’t always stop you from getting help if someone is extremely reckless and you get hurt.

Overcoming the Defense of Assumption of the Risk

In cases of gross negligence, the defense of assumption of the risk becomes less robust. Assumption of the risk means that the plaintiff may be barred from recovering damages if they voluntarily assumed a known risk. However, if the defendant’s actions are deemed grossly negligent, it becomes more challenging for them to argue that the injured party willingly accepted such extreme and unreasonable risks.

Here are the different scenarios in which defendants cannot rely on this defense:

Making the chances of getting hurt much higher than what is normal for that activity
Not doing enough to make a situation safe when there’s a risk that is not normal for that activity
Putting you in a situation where you are more likely to get hurt
Doing something extremely careless, risky, or on purpose to cause harm

Damages Available

Perhaps most crucially, the difference between ordinary and gross negligence can impact the types and extent of damages the plaintiff may be entitled to receive. Courts may award punitive damages not only to compensate victims of gross negligence but also to punish the defendant for their egregious behavior.

Punitive damages go beyond compensatory damages. They are intended to cover the actual losses incurred by the injured party. These can significantly increase the overall compensation awarded in the case.

Let a San Francisco Personal Injury Attorney Help With Free Case Evaluation

When pursuing a personal injury case in California based on negligence, you need to carefully assess the degree of negligence involved. Careful evaluation can significantly impact the ultimate outcome of your case, as illustrated earlier. To navigate this, it’s advisable to enlist the help of an attorney who can analyze your case, discern its nature, and ascertain what damages you may be entitled to. If you are in such a situation, contact us today for a free case review. Our lawyers will plainly explain your legal options and guide you through the claim process.