The legal profession almost has its language, with lots of terms, phrases, words, and acronyms you don’t hear in daily life. “Ordinary negligence” and “gross negligence” are two of those terms, and though they sound similar, they’re not quite the same. This guide explores ordinary vs. gross negligence, with definitions and explanations of each.
What Is Ordinary Negligence?
We’ll begin with an ordinary negligence definition and a clear, concise answer to the question of “What is ordinary negligence?”
Ordinary negligence is quite simply when a person fails to exercise a requisite level of care that any reasonable person would be expected to provide in that particular situation. That negligence may lead to some sort of harm or injury to another person, with the negligent party being held liable for that harm. An example of this would be a driver who gets distracted by their phone and crashes into another car.
Four key components make up an ordinary negligence case:
- Duty of care owed
- Duty of care breached
- Causation
- Damages
Duty of Care Owed
To understand the ordinary negligence definition, it’s important to understand the concept of “duty of care.” Duty of care is a legal term that refers to a person’s legal responsibility to avoid behaviors or omissions that might reasonably be seen as eventually and potentially causing harm to other people.
Duty of Care Breached
In a situation involving ordinary negligence, the legal duty of care that a person or entity has towards others must be breached in some way. In other words, they must commit some sort of act or omission that violated their expected standard of care towards others. Or, in simpler terms, they did something (or failed to do something) and put others in danger as a result.
Causation
The next element that makes up what is ordinary negligence is causation. This is essentially the effect of the breach of duty of care. For example, if someone behaves negligently and then someone else gets hurt as a result, that injury is the “causation” or effect of their negligent behavior.
Damages
Finally, in order for an ordinary negligence case to possibly end up in court or escalate as a legal situation, there needs to be some sort of compensatory damages incurred by the victim. For example, if a driver hits someone with their car while being distracted, the victim ends up with a broken bone and medical bills to pay.
What is Gross Negligence?
That’s ordinary negligence covered. Now, let’s look more closely at gross negligence, to see how it compares.
Definition of Gross Negligence
Gross negligence is similar to ordinary negligence but on a more extreme, egregious level. It applies in situations when someone shows a very high level of disregard for the safety and well-being of other people, such as driving far higher than the speed limit or on the sidewalk when pedestrians are around, causing a huge risk of harm.
Examples of Gross Negligence
Some examples of gross negligence claim situations include:
- Someone speeding through a busy, built-up area with high risk of causing a crash, or driving through stop signs and red lights.
- A medical professional operating on the wrong patient or giving them incorrect treatment.
- A worker operating heavy machinery or going into a dangerous space without proper precautions.
- A carer fails to provide food, water, and necessities to the people in their care.
How Does Gross Negligence Impact a Personal Injury Claim?
In situations involving gross negligence, the penalties on the person responsible can be significantly higher than they would be for ordinary negligence. What’s more, the victim of gross negligence may be entitled to a higher amount of compensation. However, it can also be harder for personal injury attorneys in Portland to prove fault and liability in these kinds of cases.
Ordinary Negligence vs Gross Negligence
Next, let’s highlight the key areas in which they differ, and where they’re the same:
- Basics: At a basic level, both ordinary and gross negligence operate on similar principles. They both involve people getting hurt (causation and damages) as a result of someone else’s (or a business’) negligent actions.
- Severity: Cases of gross negligence tend to be more severe and impactful than those of ordinary negligence. Ordinary legal negligence can still lead to injuries and even deaths, but gross negligence is often more reckless behavior with more dramatic consequences.
- Punishments and Compensation: As touched on above, the outcome of these two cases can vary, with gross negligence cases involving more injury compensation for victims and harsher punishments for those who are liable.
- Burden of Proof: Finally, when it comes to ordinary negligence vs. gross negligence, there’s also a difference in terms of proof. Gross negligence cases are harder to prove, as defendants can make claims that they weren’t behaving in a grossly negligent way.
Why Does the Type of Negligence Matter?
It matters because, as explained above, cases of gross negligence tend to lead to bigger amounts of compensation for victims. It’s important to ascertain what level of negligence has taken place to ensure that a fair and just result is achieved, both for the victim and the defendant.
How to Prove Ordinary Negligence or Gross Negligence
In order to prove a case of either ordinary or gross negligence, it first falls on the lawyers in question to prove that the victim was owed a duty of care, that the defendant breached that duty, and that their actions (or inaction) caused some sort of harm to the victim. Proving gross negligence may be more difficult, as it needs to be shown that the defendant acted in a grossly negligent or highly reckless manner.
This is why, in negligence cases, it’s always important to work with trusted, experienced legal professionals. The right attorneys should have a history of handling negligence cases and be able to take the necessary steps to find evidence, build an argument for their clients, and prove that negligence took place.
When to Seek Legal Advice
You should seek legal advice and contact our personal injury attorneys if you feel you have been a victim of negligence, whether it be ordinary or gross. If, for example, you were injured in an auto accident that wasn’t your fault, hurt at work through no fault of your own, or injured some other way because of the apparent negligence of another party, it’s best to speak with a lawyer and find out your options.
Just remember to act fast, as most cases of negligence follow the personal injury statute of limitations, which is usually two years in many states and cities. So, if you wait too long and let the two-year deadline pass without taking action, you could miss out on your chance of claiming compensation. Summing Up
Overall, the key difference to note about ordinary and gross negligence is that the latter is more serious, and therefore has larger consequences for those involved. But even cases of ordinary negligence can still be very serious, and must be treated as such. Remember, if you suspect a situation of negligence, or if you’ve been accused of it yourself, the best step is to contact lawyers as soon as you can.
