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Gross Negligence
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What is Gross Negligence?
In order to ensure a better understanding of what gross negligence is, it is best to have a basic
foundation of what the term negligence generally means. Negligence refers to a person’s failure to
use reasonable care that results in damage or injury to another.

For negligence to exist, the actor must have some duty to exercise reasonable care towards a
specific person or class of people. The actor must then fail to meet that level of duty that they owe,
and this failure must cause the person or class of people harm or injury. A court will determine what
reasonable care means by comparing the defendant’s actions against those found in similar
situations.

Negligence may be classified as gross negligence when a defendant’s conduct rises to a level that is
more serious than what is found in an ordinary negligence case for similar actions. A person may
commit gross negligence when they deliberately act in a way that they know, or should know, is very
likely to cause harm to another person.

Contents

What are the Penalties for Gross Negligence?

In an ordinary negligence case, if the defendant is found to have committed negligence, then they
typically only have to pay compensatory damages, such as those relating to medical expenses, lost
wages, or property damage.

When a defendant is found to have committed gross negligence, however, then they might have to
pay extra damages on top of those found in ordinary negligence cases.

In addition to compensatory damages, someone who commits gross negligence may also have to
pay punitive damages. Although an award for punitive damages is rare, these types of damages are
designed to prevent similar conduct from happening again in the future. Thus, they are not tied to
any specific injury and can be awarded for any type of case where the court deems it necessary.

Can I Lose My Right to Sue for Gross Negligence By Signing a Contract?

An individual cannot contract away their right to sue for gross negligence. While signing an
agreement is typically a defense to actions for ordinary negligence, this defense will not be available
to use for avoiding a lawsuit involving gross negligence.

For example, a person cannot sign away their right to sue a skydiving company if the company
forgets or fails to provide a parachute for their jump. This type of action is considered so far below
the standard of care that a mere contract could not waive the right to sue in such a scenario.

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Can I Be Accused of Gross Negligence in a Criminal Matter?
The concept of gross negligence can also be found in criminal law, meaning it is punishable under
the criminal justice system. Criminal law requires that the defendant both commit an act and have a
certain mental state before they can be considered guilty of gross negligence.

In contrast, an action for ordinary negligence is not punishable under the laws of the criminal justice
system.

Additionally, criminal gross negligence carries an extra requirement that is absent from its civil law
counterpart. Gross negligence may be punishable by criminal law if the negligence committed is also
found to be reckless. The degree of recklessness may vary according to the type of crime
committed.

Lastly, criminal negligence usually involves a disregard for human life or for the safety of other
people. As such, the type of lawyer you should hire may depend on whether your case is for a
criminal or civil matter, or both.

Do I Need a Lawyer for Help with My Gross Negligence Case?

The outcome of a gross negligence lawsuit may result in large fines. If the case involves a criminal
matter, the defendant may also possibly receive a sentence to serve in state prison.

As mentioned above, since civil and criminal lawsuits are not mutually exclusive, a defendant could
potentially face both criminal charges and civil law liability for the exact same act.

Given the types of punishment involved and the fact that a defendant could be held liable in both civil
and criminal lawsuits, if you have been accused of gross negligence, you should contact an
experienced personal injury attorney or criminal defense attorney immediately.

Without the help of an attorney, you could make a mistake that forfeits your right to receive
compensation, miss an opportunity to reduce your liability, or even leads to a sentence of
imprisonment. An attorney can help you to prevent any of these mistakes from happening.

Additionally, a lawyer can help you to prepare your case, provide legal advice about your matter,
negotiate on your behalf for cases involving settlement agreements, and can represent you in court if
necessary.

Finally, a qualified attorney can also help you to determine whether there are any defenses available
to use or assess what types of damages you may be able to receive.

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Last Modified: 2020-02-28 00:23:44
 Jaclyn Wishnia
LegalMatch Legal Writer
Jaclyn started at LegalMatch in October 2019. Her role entails writing legal articles for the law library
division, located on the LegalMatch website. Prior to joining LegalMatch, Jaclyn was a paralegal and
freelance writer. After several years of working for both criminal defense and entertainment law
firms, she enrolled in law school. While in law school, her law journal note was selected for first-
round publishing, and can be found on various legal research databases. Jaclyn holds a J.D. from
Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and
a B.A. from Fordham University, ...  Read More

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