There are many kinds of negligence that you can bring forward in a legal case, contributory, comparative, gross, and vicarious. Today, we’re discussing gross negligence. Gross negligence is one of the common cases our Denver negligence attorneys seek justice for. And in Colorado, gross negligence can lead to a premises liability lawsuit.
In most cases, when you file a personal injury matter with the court, you intend to get damages (monetary compensation) for another party’s negligent actions that caused your injury or illness. In the eyes of the law, negligence must fall under specific guidelines.
In this post, we’re going over:
– What gross negligence is
– How gross negligence differs from regular or ordinary negligence
– How to prove gross negligence
– How to defend yourself in a gross negligence case
Gross negligence is legally defined as the deliberate, reckless, and irresponsible disregard for the safety and treatment of others without taking into account other people or property.
With ordinary negligence, actions are taken that put others at risk due to someone failing to provide reasonable care and precautions.
In gross negligence matters, the degree of negligence is superior to that of the other forms of negligence. While the actions the perpetrator takes may not be intentionally harmful, the conduct performed is reckless and irresponsible without taking into account other persons or property.
The kind of negligence is generally based on the severity of the negligence, the damage caused based on willful, wanton, and reckless action, and the level of consequences delivered. In gross negligence matters, the accuser can sue for punitive or exemplary damages.
Once these conditions have been considered, you may have a legal case to pursue. A good gross negligence attorney will be able to walk you through the process.
It’s essential to understand specific terms that you may hear, including:
Without gross negligence- a judge may rule that the accused is guilty of negligence; however, it may be lacking gross negligence, which means the party was not acting with disregard for the safety of others
Gross negligence manslaughter- a crime that is committed by someone in an official position who should know that their actions would cause the other’s death; examples include: doctors, nurses, business owners, employees, police guards- in these cases, you must prove that the victim’s care was ignored by the accused
Willful misconduct- conduct by an individual who is intentionally committing a breach of duty; this differs from gross negligence in that those accused of gross negligence don’t intend to breach their duty; it’s a byproduct of their actions (such as driving while drunk and causing an accident)
Punitive damages- damages that exceed usual compensation, intended to punish the accuser
Gross negligence in the workplace can occur on both sides: by the employee and by the employer. In either case, the individual must act in a willfully unlawful and harmful manner resulting in another’s injury or loss of property.
It’s important to note that your attorney may advise you to seek other forms of compensation through other means based on your injury and how it occurred, including:
Workers’ compensation– insurance paid by the employer dedicated to an employee that’s hurt on the job or becomes sick due to work conditions
Premises liability– when a property owner does not maintain their property, jeopardizing the safety of those on the premises and causing injury or illness
Slip and fall accidents– if an individual sustained an injury in a fall due to the property manager’s or business owner’s negligence
There are four elements necessary to prove your gross negligence case and recover damages:
1. Duty: the accused had a legal responsibility to protect the victim
2. Breach: the accused did not comply with their duty and acted negligently
3. Causation: the accused’s actions caused the plaintiff harm or injury
4. Damages: the accused has the ability to offer compensation for the harm caused
To win your gross negligence case, you must prove that the at-fault party acted willfully negligent and met all four elements of gross negligence. Generally, the success of your case will come down to whether the accused owed the accuser a duty of care.
If you believe you have a gross negligence case, you should seek professional legal advice as soon as possible. Thoughtful and knowledgeable personal injury attorneys will help you determine the best way to approach your unique matter.
Penalties in gross negligence matters depend upon the amount of damage done and will be itemized accordingly.
Compensatory damages- financial compensation that pays the victim for the quantifiable losses that occurred based on the injury- medical bills, lost wages, property damage, other out-of-pocket expenses
Punitive damages- financial compensation for acts committed that are so egregious they require more than compensatory damages, often serves to further punish the accused
If you have been accused of gross negligence, a defense attorney must prove that you have not willfully been irresponsible or did not owe another the duty of care.
Possible legal defenses against gross negligence include:
Contributory negligence- when the accuser’s conduct falls below the necessary standard of needing the accused’s protection, and the accuser would have likely avoided injury had the accuser not been negligent
Assumption of risk- when the accuser understands and assumes the risk involved in obviously dangerous activity but engages in the action anyway
A: You may have a premises liability suit if you sustain an injury due to unsafe or defective conditions on someone’s property. This kind of case is based on the accused’s negligence. To prove your liability case, you must show that the property owner knew or should have known that their property was in an unsafe condition.
If found guilty, the defendant may be charged with gross negligence, depending on the severity of the conditions and the accuser’s level of injury or damage.
A: A plaintiff must prove to the jury beyond a preponderance of evidence, that the defendant is liable for gross negligence.
A: Economic damages are damages that can be calculated, including:
Personal injury damage caps in Colorado:
If a judge finds you have proven your gross negligence case, you may receive punitive damages based on the fact that the defendant acted deliberately. These damages serve to punish the defendant for their negligence.
A: If you’ve signed a company’s waiver, you will not be able to sue for negligence; however, you can still sue for gross negligence. If you’ve signed any document freeing a business from liability, contact an attorney to ensure you handle the matter correctly.
Contact us today to learn more, about how we can help you navigate the unpredictable nature of the legal system. Our specialists understand what it takes to get you the justice you’re counting on and the financial compensation you’re entitled to.
At Hull & Zimmerman, P.C., we are honored to help accident victims in their time of need, and take our responsibility as personal injury lawyers incredibly seriously. We know how important it is for victims to secure the full and fair compensation they need following a serious accident, and that is why we take a hands-on, personalized approach to every case we handle.
awarded to a woman who was a victim of a car crash. The woman was driving the highway when the other driver approaching from the opposite direction lost control of his vehicle, crossed the center line and hit her head on. She suffered multiple broken bones, including her hip, pelvis, leg, and right arm. She missed several years of work as a result of her injuries. Read More
awarded to a woman who was the victim of a t-bone car crash. The client suffered multiple injuries. The most significant of which was a head injury. While she was ultimately able to return to work on a part-time basis, Plaintiff was never able to return to work on a full-time basis. Read More
settlement awarded to a lady who suffered a head injury. She slipped and fell in a slanted parking lot at her place of employment. Evidence demonstrated that the owner of the building had constructed a fence shading the parking lot such that ice was allowed to continuously accumulate during the winter months. Multiple people had fallen on the ice prior to the client’s fall. As a result of her injuries, Plaintiff was forced to take early retirement. Read More
awarded to a man whose vehicle was hit from behind by a semi. The injured party suffered back pain and rotator cuff tears in each shoulder and was forced to retire from his job doing road repair four years earlier. Read More
settlement (policy limits) awarded to a young man who lost his eye when another child shot an arrow into the air. Read More
settlement obtained for a man who was injured in a rear end automobile accident. He suffered a herniated disc in his low back which was not well resolved by surgery forcing him to leave his employment as an apartment maintenance manager. Read More
awarded to a gentleman in association with a workman’s compensation case. He initially sustained a head injury at work when attacked by a patient. Several years later, his condition worsened resulting in his inability to return to work in his usual job. Read More
settlement achieved in a legal malpractice case. The client initially suffered a herniated disc in her neck in association with an automobile accident. The attorney failed to file the lawsuit in a timely manner and the Plaintiff was initially denied her ability to achieve any monies from the original lawsuit. Read More
settlement awarded to a man who was a victim of an automobile accident. Plaintiff was a passenger who was rear-ended by another driver. Following the accident, he suffered a long term back injury. Read More
settlement awarded to a lady who aggravated a pre-existing back condition when she slipped and fell at the entrance to a casino. Read More
awarded to a woman who suffered a rotator cuff tear from an automobile accident. Read More
$1,250,000.00 –awarded to a woman who was a victim of a car crash. The woman was driving the highway when the other driver approaching from the opposite direction lost control of his vehicle, crossed the center line and hit her head on. She suffered multiple broken bones, including her hip, pelvis, leg, and right arm. She missed several years of work as a result of her injuries.
$1,200.000.00 –awarded to a woman who was the victim of a t-bone car crash. The client suffered multiple injuries. The most significant of which was a head injury. While she was ultimately able to return to work on a part-time basis, Plaintiff was never able to return to work on a full-time basis.
$450,000.00 –settlement awarded to a lady who suffered a head injury. She slipped and fell in a slanted parking lot at her place of employment. Evidence demonstrated that the owner of the building had constructed a fence shading the parking lot such that ice was allowed to continuously accumulate during the winter months. Multiple people had fallen on the ice prior to the client’s fall. As a result of her injuries, Plaintiff was forced to take early retirement.
$425,000 –awarded to a man whose vehicle was hit from behind by a semi. The injured party suffered back pain and rotator cuff tears in each shoulder and was forced to retire from his job doing road repair four years earlier.
$300,000.00 –settlement (policy limits) awarded to a young man who lost his eye when another child shot an arrow into the air.
$300,000.00 –settlement obtained for a man who was injured in a rear end automobile accident. He suffered a herniated disc in his low back which was not well resolved by surgery forcing him to leave his employment as an apartment maintenance manager.
$250,000.00 –awarded to a gentleman in association with a workman’s compensation case. He initially sustained a head injury at work when attacked by a patient. Several years later, his condition worsened resulting in his inability to return to work in his usual job.
$250,000.00 –settlement achieved in a legal malpractice case. The client initially suffered a herniated disc in her neck in association with an automobile accident. The attorney failed to file the lawsuit in a timely manner and the Plaintiff was initially denied her ability to achieve any monies from the original lawsuit.
$150,000.00 –settlement awarded to a man who was a victim of an automobile accident. Plaintiff was a passenger who was rear-ended by another driver. Following the accident, he suffered a long term back injury.
$125,000.00 –settlement awarded to a lady who aggravated a pre-existing back condition when she slipped and fell at the entrance to a casino.
$75,000.00 –awarded to a woman who suffered a rotator cuff tear from an automobile accident.
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6:32 pm
October 2nd, 2022