Gross Negligence vs. Ordinary Negligence

Gross Negligence vs. Ordinary Negligence

by | Mar 2, 2021 | Personal Injury

Gross Negligence vs. Ordinary Negligence | RSB Law

The terms “ordinary negligence” and “gross negligence” may seem similar, but there is a distinct difference between the two terms and the legal consequences associated with them.

If you or a loved one has been injured as a result of avoidable negligent or reckless misconduct by another person, the experienced attorneys at Rogers Sevastianos & Bante, LLP can fully investigate your case, hold negligent parties accountable, and get the compensation you are entitled to for the harm and losses you suffered.

What is the Difference Between Gross Negligence and Ordinary Negligence?

Gross negligence refers to severe, reckless, careless misconduct, and is considered the most actionable form of negligence, whereas ordinary negligence refers to a “reasonable person” failing to exercise reasonable care. In both cases, the fundamental disregard for responsibility must directly cause or contribute to harm or injury to another individual, their property, or both.

Gross Negligence

  • A driver speeding in a crowded area and running a stop sign, when the pedestrians have the right of way
  • A doctor prescribing a patient a drug that the patient has listed in their medical records as one that causes an allergic reaction
  • A trucking company intentionally overloading a fleet of trucks to deliver an order on-time

Ordinary Negligence

  • A driver failing to yield before proceeding at a roundabout and causing a car accident in which an individual in the other vehicle is injured
  • A store owner failing to put up a sign alerting customers about the wet floor after cleaning up a spill
  • A truck driver texting and driving and causing a collision

How Negligence is Proven

For any negligence case to be successful, whether involving ordinary negligence or gross negligence, the following elements must be present:

  • The defendant must have had a legal duty of care to the injured party
  • The defendant must have breached said legal duty of care
  • The breach of duty must have caused the victim’s injuries
  • There must be damages that the victim can be compensated for

Regardless of the severity of an accident, it is essential to consult an attorney right away and protect your rights. An experienced attorney can fight for your case in court and prove that the defendant is liable for your damages.

If a jury decides that the defendant is guilty of ordinary or gross negligence, you, the victim, can receive compensation that includes both compensatory and punitive damages related to the accident.

Contact Our Personal Injury Attorneys Today to Discuss Your Negligence Claim

If you or a loved one has been injured as a result of avoidable negligent or reckless misconduct by another person, you need to contact the experienced attorneys at Rogers Sevastianos & Bante, LLP for a free, no-obligation case evaluation. We have over 100 years of combined experience in protecting the rights of victims in Missouri and Illinois, will fully evaluate your case, and are prepared to help you seek fair compensation for the injuries you sustained

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