It can prove challenging to navigate the aftermath of an accident resulting from another’s negligence, particularly when evaluating whether preventative measures could have altered the situation. In cases involving extreme recklessness or carelessness, the law recognizes “gross negligence.” While ordinary negligence represents a failure to exercise reasonable care, gross negligence represents a far more serious deviation from a reasonable standard of care involving a reckless disregard for the safety and well-being of others. Please continue reading as we explore what constitutes gross negligence in New York and how our dedicated Harrison Personal Injury Attorneys can help you fight for the compensation you deserve.
How Does Ordinary Negligence Differ From Gross Negligence in New York?
Ordinary negligence arises from a failure to exercise the care expected of a reasonable person in similar situations. This deviation can manifest in various ways. For example, ordinary negligence could involve a motorist speeding or a property owner failing to remedy a spill, leading to an injury.
Gross negligence, on the other hand, represents a severe deviation from the expected standard of care. Although harm must be foreseeable in both types of negligence, the foreseeability og grave harm is often the defining factor in gross negligence. This form of negligence is distinguished by willfulness and wantonness, though it doesn’t necessarily involve intentional misconduct. Driving under the influence of alcohol or drugs and causing a crash may constitute gross negligence.
How Do I Prove Negligence in a Personal Injury Case?
It’s important to understand that proving negligence is usually more difficult than proving ordinary negligence. For ordinary negligence, you generally must establish four key elements:
- Duty of Care: The defendant had a legal obligation to act with a certain standard of care to prevent harm.
- Breach of Duty: The defendant failed to meet the required standard of care expected.
- Causation: The defendant’s breach of duty is the direct cause of the plaintiff’s injuries.
- Damages: The plaintiff suffered actual harm as a result of the defendant’s negligence.
The burden of proof for gross negligence is higher, requiring more compelling evidence. This may include witness statements, expert opinions, photos of the accident scene, medical records, and police reports. As mentioned, a key element of gross negligence is the defendant’s conscious disregard for human life. This means you have to demonstrate that their carelessness goes beyond a simple lapse in judgment. If a personal injury claim for gross negligence is successful, they might be eligible for punitive damages. This type of compensation is designed to punish the defendant for their egregious conduct and deter future reckless behavior.
At Hausman & Pendzick, we are dedicated to helping our clients pursue the justice they deserve. Connect with our firm today to discuss your case and explore your legal options.