Most people know the definition of negligence -; a business or a person breaches the ordinary duty of care, and an injury is the result. In most cases, negligence is associated with medical malpractice and auto accidents. The negligent party doesn’t have to intend harm, they just have to act carelessly.
Gross Negligence
In cases of gross negligence, the defendant’s behavior goes beyond mere carelessness, including unreasonable, willful or reckless misconduct. For instance, if a ski instructor fails to check equipment and a student is hurt, it is negligence. If the instructor fails to stop the class and forces the student to wait for help, it is gross negligence, because it demonstrates a disregard of the duty of due care and leads to injury. If gross negligence can be proven, damages may increase and the plaintiff may be eligible for a punitive award.
Signing a Waiver
Some plaintiffs claim gross negligence because they previously signed away their right to claim ordinary negligence. For example, a person may have agreed not to sue a skydiving school, but most states don’t enforce waivers barring suits for gross negligence.
Gross Negligence Defenses
A victim can make a gross negligence claim in any case where they believe the defendant acted unreasonably. Circumstances can include slip and fall cases, auto accidents, legal and medical malpractice. The defense’s specifics can vary depending on the lawsuit’s terms, but generally, the case must respond to these factors:
The duty of care -; Defendants and their Personal Injury Lawyers must prove that their behavior was reasonable based on the event’s circumstances. Reasonable care refers to how a similar person would act in a like situation.
Breach of the duty -; Personal Injury Lawyers in Stafford VA area must prove that you didn’t breach the duty of care, or fail to exercise enough care to avoid hurting someone or causing property damage.
Causation -; In proving that you didn’t breach the duty of care, you also prove that you weren’t negligent and therefore caused no damages.
If any or all of these arguments are applied unsuccessfully, Personal Injury Lawyers in Stafford VA will likely argue that the negligence was not gross in nature. It is best to consult a lawyer right away when people are injured or property is harmed. If you are facing accusations of negligence, the victim can ask for compensation for punitive and actual damages. For more information visit Harris Law Firm.
