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  1. #1
    Join Date
    Sep 2016

    Default What is Gross Negligence vs. Negligence

    In tort law, what is the legal definition of gross negligence as opposed to ordinary negligence?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: What is Gross Negligence vs. Negligence

    Read this.
    Quote Quoting Negligence vs. Gross Negligence
    Gross negligence means conduct or a failure to act that is so reckless that it demonstrates a substantial lack of concern for whether an injury will result. Proof of gross negligence thus involves proving all of the elements of an ordinary negligence action, plus the additional element of recklessness or lack of substantial concern for others.

  3. #3

    Default Re: What is Gross Negligence vs. 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.

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