Negligence, in general, is failing to do something that a reasonable person would do under a particular circumstance. However, gross negligence is a heightened degree of negligence. It is when someone acts recklessly and in total disregard for the safety of others.
Gross negligence is similar to extreme negligence. The law allows victims of gross negligence to file a lawsuit and claim compensation for the damages. However, to be compensated, they must prove to the courts that the defendant knew that his/her actions were dangerous but decided to act anyway.
Read on to learn more about gross negligence and how it differs from ordinary negligence.
Gross Negligence Vs. Ordinary Negligence: What’s the Difference?
The difference between negligence and gross negligence is the level of carelessness or deliberate misconduct. Someone is said to have acted negligently when they fail to act in a reasonable manner, resulting in damage or injury to another person. However, gross negligence is a degree of negligence so severe that it’s considered to be malicious or hazardous. Someone who is grossly negligent may be aware of the possible risk of harm to others, yet they commit the action anyway.
Examples of ordinary negligence include:
- An owner of an aggressive dog who chooses to walk their dog without a leash
- A driver running a red light
- A doctor misdiagnosing a patient’s symptoms, leading to a delayed diagnosis of a serious illness
- A waitress ignoring a spill on the floor.
Examples of gross negligence include:
- Driving under the influence of drugs or alcohol
- A medical professional performing a procedure while under the influence of alcohol or other drugs
- Knowingly using faulty equipment, resulting in property damage or harm to others
In a court proceeding, the judge will consider whether the defendant acted negligently or grossly negligently before making a ruling. The courts penalize gross negligence more severely than ordinary negligence. A defendant will pay for the victim’s losses if they are found to have acted negligently. However, evidence of gross negligence can lead to additional compensation, such as punitive damages against the defendant.
What Are the Elements of Gross Negligence?
For you to be compensated for your losses, you should prove that the at-fault party acted grossly negligently. For an act to be considered gross negligence, it must first amount to negligence. There are five main elements in proving negligence:
Duty of Care
You must prove that the at-fault party owed you a duty of care. A duty of care arises when the law recognizes the relationship between two parties. Due to this relationship, one party should act reasonably when conducting services that may harm the other.
For example, all drivers should keep their vehicles in safe conditions and operate them safely to avoid causing road accidents. Business owners should also ensure their premises are safe for their customers and employees.
Breach of Duty
It’s not enough to prove that the at-fault party owed you a duty of care. You must also prove that they breached their duty of care by not acting in a manner that a reasonable person would act. Here are examples where a breach of duty occurs:
- A dog owner who knows their dog is aggressive and yet walks the dog without a leash, and the dog viciously bites someone
- A driver uses a vehicle that doesn’t allow enough stopping distance when approaching a stop sign, resulting in rear-ending another vehicle
Causation
The defendant’s failure to act in a reasonable manner must have been the direct cause of damage to the plaintiff. Otherwise, they won’t be legally liable for negligence.
For example, if a qualified doctor fails to diagnose a patient with heart disease, and the patient later suffers from a heart attack, the doctor would be charged with negligence. That’s because if they had made a diagnosis earlier, then the patient wouldn’t have suffered from a heart attack.
On the flip side, if a patient dies of kidney failure and the autopsy reveals that they had a heart condition that the doctor didn’t diagnose, the doctor won’t be charged for negligence. That’s because the heart disease wasn’t directly linked to the patient’s death.
Proximate Cause
A proximate cause is an action or an event so closely related to an injury that it’s considered to be the main cause of the injury. An example of a proximate cause is when someone is attacked by thugs and left by the roadside. In the victim’s attempt to drag themselves across the road, they are hit by a vehicle. Because the victim’s action was a result of the attack, the attack would be considered the proximate cause of all the injuries sustained when hit by the vehicle.
Damages
Finally, the victim must have suffered damages due to the defendant’s negligence. For example, if a driver speeds up and almost hits another vehicle, they can’t be sued for negligence because the other vehicle didn’t suffer any damages.
Once the courts have proved negligence, they can go ahead and determine whether the action qualifies as gross negligence. The defendant is said to have acted gross negligently in the following cases:
- They were aware of the potential consequences of their action but decided to act anyway.
- They deliberately committed negligence to cause harm to the victim.
What’s the Punishment for Gross Negligence?
An individual found guilty of gross negligence may pay the following damages:
- Special damages to compensate the victim for expenses related to the injury. These could be medical expenses, disability costs, and vehicle or property damages.
- General damages to compensate the victim for intangible damages, such as physical pain, emotional distress, loss of enjoyment, and reduced quality of life.
- Punitive damages are meant to punish the defendant for gross negligence.
Hire a Reputable Lawyer to Build an Effective Gross Negligence Case
You have a right to seek compensation for damages caused by gross negligence by another person. However, it may be challenging to prove gross negligence because it depends on the defendant’s awareness of the potential harm of their actions. That’s why you should hire an experienced attorney to help you build an effective gross negligence case.