Gross Negligence

What is Gross Negligence?

Gross negligence is considered particularly dangerous in California personal injury law and entails greater liability for the defendant. The major difference between gross negligence and ordinary negligence in California is that gross negligence is more serious but not as serious as recklessness or intentional acts.

Ordinary negligence differs from gross negligence when a statute applies to the defendant only if gross negligence is involved, and when a plaintiff signs an "assumption of risk" agreement that prevents the plaintiff from suing for ordinary negligence but not gross negligence.

Negligence

A minimum standard of care is required by California law to avoid harming others. It is negligence, or sometimes called "ordinary" negligence, when you fail to comply with this duty of care.

Ordinary negligence includes a pedestrian who walks into another pedestrian while texting, knocking her over. It is the responsibility of pedestrians to use sidewalks safely. The pedestrian was negligent in knocking over his fellow pedestrian by paying more attention to texting than walking.

Ordinary Negligence V. Gross Negligence

Conduct that constitutes gross negligence is more blameworthy than ordinary negligence. This term has no precise definition under California law. However, the law describes this as: very great negligence, a lack of even scant care, just short of reckless disregard, an extreme departure from the ordinary standard of conduct utilized by a reasonable person, or a failure to use even the kind of care that a careless person would use.

Gross negligence is when the plaintiff alleges the defendant committed a breach of a duty of care, a breach of that duty caused the plaintiff's injuries, and those injuries resulted in damages. The plaintiff must first prove all four elements of ordinary negligence by a preponderance of evidence. The defendant owed the plaintiff a duty of care, breached that duty, caused the plaintiff's injuries, and those injuries resulted in damages.

California distinguishes negligence from gross negligence by not considering the latter to be a separate "cause of action." As a result, gross negligence can only be alleged in cases involving statutes that address gross negligence. The defendant may have violated a statute, but a plaintiff can sue for negligence regardless.

Application of Gross Negligence

When liability waivers or statutes prevent plaintiffs from suing for negligence, gross negligence claims are made. As a result of statutes or waivers of liability, people injured by the defendant cannot recover damages for negligence, so they pursue gross negligence claims instead.

Among the companies and individuals who can't use a release agreement to exonerate themselves of gross negligence liability are: common carriers (such as planes, cabs, and buses); government entities allowing "hazardous recreational activities" (such as swimming) on public property; Red Cross certified first responders who provide CPR on the scene of an emergency; and businesses that provide training or facilities for hazardous recreational activities, like gyms, ski resorts, horse stables, driving schools, and scuba diving companies.

The people or professions listed above may be exempt from negligence liability based on ordinary negligence. However, as a matter of public policy, they are still liable for gross negligence. They should be liable for damages if they injure anyone by exceeding ordinary negligence. The victims may sue and recover damages if they cannot prove ordinary negligence.

Gross Negligence Cap

Liability for simple negligence can be capped in California, but damages for gross negligence cannot.