Negligence is defined in the state of California as the failure to act reasonably in a certain set of situations. Gross negligence is the extreme version of negligence; it refers to actions which show a reckless disregard. Even if the behavior was not intentional, the actions themselves may still be defined as grossly negligent. This article will explain the difference between ordinary and gross negligence, and how this impacts the damages victims can seek.

What Is Ordinary Negligence?

To hold someone liable for ordinary negligence, or simply “negligence,” in a California personal injury case, you must show that:

1. The defendant (party being sued) had a duty of care to keep you safe
2. They breached that duty of care, and
3. That breach of duty directly resulted in losses to the plaintiff (the person suing)

If you can prove this in court, then you may be able to recover financial compensation for losses incurred. The extent of those losses are known as legal damages. Since the defendant incurred losses, it entitles you to compensation for the losses that you can probe.

What Is Gross Negligence?

Gross negligence is defined in California as conduct that exhibits:

• Either a reckless disregard for the wellbeing of others, or
• A blatant disregard to upholding a legal duty of care.

Even if the conduct was unintentional, the responsible party may still be held culpable. Examples of gross negligence include:

• A nurse ignoring a nursing home patient when they call for help
• Driving while impaired
• Speeding recklessly in a crowded parking lot

How Does Gross Negligence Impact A Personal Injury Lawsuit?

If you can prove the person who incurred your losses was behaving in a gross negligent manner, it may affect your claim in three ways:

• The liability waiver may become unenforceable
• Override the argument that you assumed the risk of harm
• Increase likelihood of punitive damages

Since gross negligence is worse than ordinary negligence, the law is more willing to hold people who act in grossly negligent ways liable - making it easier for the injured party to recover for their losses. 

What’s The Difference Between Gross Negligence and Criminal Negligence?

In California, gross and criminal negligence are defined similarly. Both gross and criminal negligence involve the decision to put others at foreseeable risk of harm, but it becomes criminal negligence when a crime (such as vehicular manslaughter) occurs.

What Damages Can I Recover In Negligence Claims?

Victims of both gross and ordinary negligence in California are entitled to compensation for their economic and non-economic losses. Some economic damages you may seek include:

• Medical bills
• Property damage
• Lost wages

You can also seek non-economic (intangible) damages for physical pain, mental anguish, and the loss of quality of life. If the defendant acted with gross negligence, punitive damages may also be recovered. 

Contact A California Personal Injury Lawyer Today

If you or somebody you love was recently injured due to another party’s negligence, you may be entitled to compensation for your losses. Call the Law Office of Ball & Yorke to consult with an experienced California personal injury lawyer today.