In tort law, what is the legal definition of gross negligence as opposed to ordinary negligence?
In tort law, what is the legal definition of gross negligence as opposed to ordinary negligence?
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Quoting Negligence vs. Gross Negligence
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 in attention,while both differ from willful and want on conduct,which is conduct that is reasonably considered to cause injury. This distinction is important in contributory negligence—alack 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 want on conduct but is a defense to gross negligence. In addition, a finding of willful and want on misconduct usually supports a recovery of Punitive Damages, whereas gross negligence does not.