What Is Gross Negligence?

If you are in the middle of a personal injury case, you may be wondering: What is gross negligence? This term refers to a severe lack of care or reckless disregard for the safety and well-being of others. Compared to ordinary negligence–which is a failure to exercise reasonable care–gross negligence has harsher legal consequences. Here’s an overview of the role this plays in personal injury cases. 

What Is the Definition of Gross Negligence?

The definition of gross negligence is a blatant disregard for the safety and rights of others. It goes beyond ordinary carelessness or failure to take proper precautions. For example, a driver speeding excessively through a crowded pedestrian area, knowing the high risk of harm, could be considered grossly negligent. This level of negligence is not just about making a mistake–it involves a willful ignorance of a substantial and obvious risk. 

What Is the Difference Between Willful Negligence and Gross Negligence?

Gross negligence, as discussed, refers to extreme carelessness or reckless behavior. In contrast, willful negligence, sometimes referred to as “willful misconduct,” implies a deliberate intent to harm. While both involve a disregard for safety, willful negligence requires a conscious decision to act dangerously, whereas gross negligence involves a severe failure to act with reasonable care, without necessarily intending harm. 

Can You Be Dismissed for Gross Negligence?

Yes, individuals can face severe consequences, including dismissal from employment, for acts of gross negligence. For example, a construction supervisor who knowingly overlooks mandatory safety checks, leading to a workplace accident, could face dismissal. This level of disregard can not only result in job loss but also potential legal action, especially if it leads to injury or death.

The Occupational Health and Safety Administration (OSHA) requires employers to maintain safe working environments. Blatant disregards for workplace safety violate OSHA regulations and can lead to severe consequences.

What Are Acts of Gross Negligence?

Common examples of gross negligence include driving under the influence of alcohol or drugs, performing medical procedures without the necessary qualifications, or failing to maintain essential safety equipment in hazardous work environments. Each of these acts demonstrates a severe lapse in judgment and responsibility, significantly increasing the risk of harm.

The law recognizes that such egregious actions deserve greater accountability, often resulting in higher compensation for victims in personal injury cases. By holding individuals or entities accountable for their negligence, the legal system aims to reinforce the importance of exercising care and responsibility in actions that could impact the safety and well-being of others.

Sargon Law Group Has Experience With Cases Involving Negligence

Gross negligence represents a step beyond simple carelessness. In such situations, the consequences can be significant, not just in terms of liability but also in punitive damages. If you believe that your injury case involves gross negligence, contact Sargon Law Group for a free consultation. Our experienced team of Phoenix personal injury lawyers can help you pursue the compensation you deserve.