Gross negligence occurs when an individual is found to have committed an action that falls below the standard of care a reasonable person would have exercised in a given situation. Gross negligence takes this concept a step further.
When an individual commits a grossly negligent action, then he or she has committed an action that falls substantially below what is considered reasonable. In many cases, it may also mean that the individual who committed the action did so intentionally.
For an act to be considered grossly negligent, it must first pass the negligence test. The negligence test requires that:
An action that passes this test may be grossly negligent if a few other circumstances are also true. These circumstances may include:
Many premises liability injuries occur such as slips and falls, as a result of gross negligence. Individuals who are found to have committed gross negligence may face stiff penalties for their actions.
As with other civil law cases, gross negligence cases will result in the defendant being found innocent or guilty for his or her actions. If the individual is found guilty, he or she may be ordered to pay:
Punitive damages are only paid in cases of gross negligence and are meant to deter individuals from committing similar actions in the future. All damages are paid to the accuser, who is also known as the plaintiff.
Individuals who commit grossly negligent actions likely knew of potential harm that could have resulted and should be punished. For more information about holding a grossly negligent person accountable, please contact the Denver personal injury lawyers of Hull & Zimmerman, P.C., at (303) 423-1770.
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