gross negligence

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Related to gross negligence: ordinary negligence

Gross Negligence

An indifference to, and a blatant violation of, a legal duty with respect to the rights of others.

Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both. It is conduct that is extreme when compared with ordinary Negligence, which is a mere failure to exercise reasonable care. Ordinary negligence and gross negligence differ in degree of inattention, while both differ from willful and wanton conduct, which is conduct that is reasonably considered to cause injury. This distinction is important, since contributory negligence—a lack of care by the plaintiff that combines with the defendant's conduct to cause the plaintiff's injury and completely bar his or her action—is not a defense to willful and wanton conduct but is a defense to gross negligence. In addition, a finding of willful and wanton misconduct usually supports a recovery of Punitive Damages, whereas gross negligence does not.

gross negligence

n. carelessness in reckless disregard for the safety or lives of others, which is so great it appears to be a conscious violation of other people's rights to safety. It is more than simple inadvertence, but it is just shy of being intentionally evil. If one has borrowed or contracted to take care of another's property, then gross negligence is the failure to actively take the care one would of his/her own property. If gross negligence is found by the trier of fact (judge or jury), it can result in the award of punitive damages on top of general and special damages. (See: negligence, damages, punitive damages)

gross negligence


GROSS NEGLIGENCE. Lata culpa, or, as the Roman lawyers most accurately call it) dolo proxima, is, in practice, considered as equivalent to dolus or fraud itself, and consists, according to the best interpreters, in the omission of that care which even inattentive and thoughtless men never fail to take of their own property. Jones on Bailments, 20. It must not be confounded, however, with fraud, for it may exist consistently with good faith and honesty of intention, according to common law authorities.

References in periodicals archive ?
A 28-year-old man has been arrested on suspicion of causing manslaughter by gross negligence.
The MP drew a distinction between gross negligence on the one hand, and simple negligence or the loss or theft of the card on the other.
This is a clear case of gross negligence, a standard of care so low as to shock the conscience.
Mr Warren told the court: "The allegation is one of gross negligence manslaughter.
Releases of liability for future gross negligence violate public policy and are unenforceable, the California Supreme Court held in a wrongful death suit against the city of Santa Barbara for a developmentally disabled teen's drowning in a municipal swimming pool.
Prison officers Daniel Daymond, Paul Smith and Samantha Prime all deny charges of manslaughter by gross negligence in connection with Bailey's death.
A mistrial was declared in October in the case of James Herbert White after Antelope Valley Superior Court jurors deadlocked 11-1 in favor of acquittal on a charge of felony vehicular manslaughter with gross negligence.
Challenges to the BJR involve lack of good faith, lack of a rational business purpose and gross negligence in failing to supervise or be informed.
The sister of a detainee, who died of a brain tumor while in pretrial custody in a county facility, brought a wrongful death action under [section] 1983 alleging deliberate indifference to the detainee's medical needs and gross negligence.
16400 defines a breach of trust as a violation of any fiduciary duty and can be separated into three types: ordinary negligence, gross negligence (recklessness) and intentional (willful) breach of trust.
These statutes provide immunity from liability for those who render aid to someone in need of medical assistance "without the expectation of compensation and in the absence of willful misconduct or gross negligence.
The court concluded that once the hospital prevailed in asserting its affirmative defense, the trial judge correctly charged the jury that the burden of proving gross negligence remained with the patient.