Understanding Negligence vs. Gross Negligence

Negligence vs. Gross Negligence: What’s the Difference?

Accidents happen. But when those accidents result in injury, the question of fault becomes paramount. In personal injury law, two key concepts emerge: negligence and gross negligence. While both involve a failure to exercise proper care, the distinction between them carries significant weight in determining liability and potential compensation.

What Is Negligence in Personal Injury Law?

Ordinary negligence refers to a failure to exercise reasonable care, often stemming from carelessness, inattention, or mistakes. This "reasonable care" is a legal concept judged against the standard of a hypothetical practical person acting in the same situation.

To establish the validity of a claim, the injured party (plaintiff) must prove the following four essential elements:

Duty of care. The defendant owed the plaintiff a legal duty to act in a reasonable and careful manner to avoid causing harm. This duty arises from the circumstances of the situation. For example, drivers owe other motorists and pedestrians a duty of care and should follow traffic laws and operate their vehicles safely, and doctors have a duty to their patients to act with care while treating them.
Breach of duty. The defendant breached their duty of care by failing to act with reasonable caution. This could involve actions (like speeding) or omissions (like neglecting to maintain a property in a safe condition).
Causation. The defendant's breach of duty must be the proximate cause of the plaintiff's injuries. In simpler terms, the plaintiff's injuries wouldn't have occurred "but for" the defendant's negligence.
Damages. The plaintiff suffered quantifiable losses as a direct result of the injuries sustained due to the defendant's negligence. These damages can be economic (medical bills, lost wages) or non-economic (pain and suffering).

By establishing these elements, the plaintiff can seek compensation for their injuries from the negligent party.

What Is Gross Negligence?

Gross negligence implies a more conscious decision to act in a way that creates a substantial risk of harm than ordinary negligence. While both involve a party's failure to exercise due care, gross negligence rises to the level of intentional or reckless disregard for the safety of others. For instance, a driver who forgets to use a turn signal might be negligent, but a driver who speeds through a red light while intoxicated exhibits gross negligence.

The burden of proof for gross negligence is more stringent than that for ordinary negligence. Besides demonstrating the duty of care, breach of duty, and causation, you must also show that the defendant acted with reckless disregard.

Evidence of reckless disregard can include:

Actions demonstrating a high degree of risk
- Ignoring safety protocols or procedures
- Ignoring rules or laws like driving while under the influence
- Speeding excessively in hazardous conditions
- Continuing a dangerous activity despite warnings of potential harm
Knowledge of potential harm:
- Prior accidents or close calls involving similar behavior
- Awareness of the potential consequences of the reckless act

The key difference between negligence and gross negligence is the impact on damages. Success with a gross negligence claim can potentially unlock broader damage recovery.

While ordinary negligence cases typically limit compensation to compensatory damages, gross negligence allows for punitive damages. Punitive damages are intended to punish the defendant's egregious conduct and deter similar behavior in the future.

Seek Experienced Counsel

If you believe you were injured due to another party's negligence or gross negligence, the Law Office of Joseph A. Lazzara, P.C. is equipped to help with your case. My firm handles a range of personal injury cases, including:

Schedule a consultation by calling (720) 809-8262 or completing this online contact form.