Negligence vs Gross Negligence
Negligence and gross negligence are grounds for bringing a civil lawsuit against a person who has injured you. They are on the same spectrum of behavior, where gross negligence is more extreme than negligence.
Negligence is behavior that falls below the standard of care that a reasonable person would exercise in a similar situation. If you want to prove that someone has acted negligently, you have to prove four elements: duty, breach, causation, and damages.
- The person had a Duty to act with reasonable care towards you.
- The person Breached his/her duty to act with reasonable care.
- That action Caused you harm.
- You have physical and/or emotional Damages from the harm caused by the person.
When a person is sued for negligence and loses, he/she will be required to pay for the damage he/she caused by his/her failure to act with reasonable care.
Gross negligence requires a conscious and voluntary disregard of the obligation to act with reasonable care. It is an extreme form of negligence that will likely cause a serious foreseeable injury to a person and/or property.
When a person is found guilty of gross negligence, he/she will be required to pay for the damages he/she caused as well as additional punitive damages.
Here are some examples that show the difference between negligence and gross negligence.
If you have been injured due to another person’s negligence or gross negligence, please contact the Phoenix personal injury lawyers at the personal injury law firm Oracle Law Group today.
Photo credit: DVIDSHUB from Flickr