Difficulties In Proving Gross Negligence

In a common tort action, a claimant (victim) may make legal claims attempting to recover damages for negligence, otherwise known as ordinary negligence, or in certain cases, professional negligence. These claims state that a named defendant (liable party) acted or failed to act in a manner that would prevent the claimant from experiencing injuries or other damages. However, in certain cases, a claimant may make claims of gross negligence, which state the defendant acted in a manner that was so reckless or wanton, he or she should have reasonably expected injuries to result.

Reasons a Victim May State Claims of Gross Negligence

In certain cases, punitive damages may be a reasonable claim in cases that involve instances of gross or reckless professional or personal negligence. Other cases may present a legal impediment to recover damages for ordinary negligence, and in turn, the plaintiff is tasked with proving gross negligence to recover damages.

The latter case, involving requirements to prove gross negligence in order to file suit, are often commonly seen in cases that involve a plaintiff agreeing to relieve a potentially liable party of their liability. Common examples, though not entirely exclusive, include a plaintiff injured during participation of extreme sports or other potentially dangerous activities, which as part of their participation they signed a liability waiver. Certain other entities, such as government employees and first responders in medical emergencies, are also waived liability for ordinary negligence, but not in cases of gross negligence.

Proving Claims of Gross Negligence

To prove liability for gross negligence, a plaintiff (victim) must prove several critical elements, including:

A duty of care was owed by the named defendant to an individual plaintiff or the general public as a whole

The defendant clearly, and with knowledge, malice, forethought, or intention, violated the duty of care owed to the plaintiff or public. Instead of the normal standard for ordinary negligence, which is reasonable care, a defendant must have been grossly reckless or intentional in their negligent action

The plaintiff must show injuries resulted due to the existence of gross negligence

The plaintiff must also prove any injuries or other associated damages were proximately caused by a grossly negligent action. Specific to claims of gross negligence, the plaintiff must prove the defendant knew or should have known that a given grossly negligent action would result in the specific injuries sustained by the plaintiff

Getting Legal Help with Gross Negligence Claims

In essence, the complexity of pursuing a viable case involving gross negligence claims requires the intervention and assistance of a lawyer. The ability to recover damages for gross negligence will widely vary by liability statutes per state, as well as the case-specific nature of each individual claim.

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