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• Gross Negligence

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Gross Negligence legal definition: “Gross negligence” is defined as conduct that is highly negligent. Gross negligence claims are more serious than mere allegations of negligence, and they are also more difficult to prove. 

In order to successfully recover legal compensation for injuries caused by gross negligence, one must prove that:

• The person who caused the injury acted in a way that differs greatly from the way a reasonable, competent individual would behave

• A high degree of negligence existed

• The person who caused the injury failed to exercise diligence or care that would typically be taken in similar situations

Gross Negligence and Car Accident Cases

When it comes to car accident injury cases, the difference between recovering punitive damages such as pain and suffering payments depends on whether or not the other driver was grossly negligent.

Gross negligence claims often come into play when an inebriated motorist causes an accident, and in crashes that were caused by defective car components.

Understanding the nuances of negligence and how they might play a role in your car accident case is best accomplished with the help of a skilled personal injury attorney. Call Pribanic & Pribanic today for a free legal consultation.

Gross Negligence and Medical Malpractice Cases

Medical malpractice cases generally hinge on whether or not the doctor, surgeon, nurse, or other healthcare provider was grossly negligent when providing care that resulted in an injury.

Examples of gross negligence in medical malpractice include:

• Cases where a surgeon amputates the wrong limb

• Cases where a surgeon operates on the wrong side of the body

• Cases where a surgeon left a piece of surgical equipment inside the body.

Gross Negligence and Personal Injury Cases

In personal injury cases involving slip and falls, premises liability, defective products, or medical mistakes, victims in many cases must be able to prove the plaintiff in the case was grossly negligent in order to punitive damages. That’s because in many states, punitive damages are only awarded in cases where the conduct that caused the accident is deemed to be highly negligent, reckless and/or intentional.

Gross Negligence and Workers’ Compensation Cases

In Pennsylvania, employees who are hurt on the job are entitled to workers’ compensation benefits regardless of who was at fault for the injury – them or their employer. However, a civil case may be filed in rare cases where a worker is injured because his or her employer engaged in grossly negligent behavior where there was a reckless or wanton disregard for safety.

Sources: 

https://www.upcounsel.com/willful-negligence 

https://www.nolo.com/legal-encyclopedia/workers-compensation-basics-employers-30333.html 

https://injury.findlaw.com/medical-malpractice/gross-negligence-and-lack-of-informed-consent.html 

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Read more from Pribanic & Pribanic:

• Did Another Driver’s Negligence Cause Your Car Accident?

• Negligence Legal Definition 

• Willful Negligence Legal Definition