When dealing with injury claims, issues of negligence are bound to come up. While most cases involve ordinary negligence, others may involve gross negligence. What exactly is the difference between these two forms of negligence, and what does it mean for an injury case in Texas?
Ordinary negligence is, well, ordinary. It is very common and happens probably every day. Generally, someone might be liable for this kind of negligence if they owe you a duty of care and then somehow violate it, causing your accident. Gross negligence is more serious and tends to involve greater risks, greater harm, and a cold indifference to others’ safety. It tends to come up less frequently, but it may be implicated in cases of severe injury where defendants clearly did not care about the consequences of their actions.
Speak to our Garland, TX personal injury attorneys to get a free case review by calling The Queenan Law Firm, P.C. at (817) 476-1797.
How Gross Negligence is Legally Defined in Texas
Gross negligence is a broad term that may encompass a wide range of bad actions or inactions. In short, gross negligence is above and beyond ordinary negligence and is usually defined by its shocking nature and the dangerous risks it entails.
Extreme Risks
Gross negligence is formally defined under Tex. Civ. Prac. & Rem. Code § 41.001(11). Gross negligence involves extreme risk in light of the high probability and severe magnitude of the possible harm to others.
Put another way, gross negligence involves risks that are so severe that to take these risks would be seen as shocking or outrageous. For example, driving while intoxicated is often considered grossly negligent.
Conscious Indifference
The person committing acts of gross negligence should have actual, subjective awareness of the severe risks of their behavior, yet proceed with conscious indifference to the safety, rights, and welfare of other people.
This is somewhat trickier to prove, as we must show what the defendant was thinking or what they intended through their actions. In some cases, the defendant’s conscious indifference is clear from the fact that their actions were so obviously dangerous that they knew or should have known at harm was highly likely.
How Gross Negligence is Judged
Gross negligence is judged based on the perspective of the negligent actor, not from the victim or bystanders. More specifically, their actions must be judged according to their perspective of events at the time of the accident. A judge or jury may not consider what the defendant knows or thinks in hindsight when assessing gross negligence.
What Does Gross Negligence Look Like in Texas?
The next question is, when does gross negligence occur? Gross negligence can come up in all sorts of cases. Essentially, cases that are often based on ordinary negligence, such as many personal injury cases, might involve gross negligence if the defendant’s actions were especially shocking or outrageous in light of other facts about the case.
For example, a car accident might be based on ordinary negligence if a driver hits a pedestrian while speeding 10 miles per hour over the limit. The same accident might be based on gross negligence if the driver was going over 100 miles per hour.
Gross negligence can be difficult to pinpoint because it involves a combination of factors, such as the actual risk, the degree of harm, and the actor’s perspective. Our Dallas car accident lawyers may work with law enforcement and speak to witnesses to determine whether the defendant in your case acted with gross or ordinary negligence.
Common Examples of Gross Negligence in Texas
A great way to understand the difference between ordinary and gross negligence is to review some common examples. Remember, gross negligence is determined from the defendant’s perspective. Put another way, they should know that their actions are extremely dangerous and choose to proceed anyway.
Vehicle Accidents
Car accidents are very common, and some involve serious instances of gross negligence. For example, driving through a parking lot and bumping into another car might be ordinary negligence and is a rather common kind of collision. However, if a driver were to speed through a parking lot at 75 miles per hour before striking another car, we might be dealing with gross negligence.
Traveling at such a high rate of speed in a place like a parking lot, where there are lots of people walking around, and speeds are normally slower, is a prime example of gross negligence. The risk of harm is very serious and likely obvious to the driver.
When alcohol is involved in a car accident, there is a good chance that gross negligence is a factor.
Medical Malpractice
Medical malpractice cases may involve gross negligence, too. For example, a doctor might prescribe a dangerous dosage of medication to a patient. This might be gross negligence if the danger of the dosage is clear from the patient’s charts and medical history, or if the medicine is known to be dangerous at high doses.
Workplace Accidents
Gross negligence can also come up in the workplace. An employer who allows workers to use dangerous equipment or machinery that the employer knows or should know is badly damaged and highly dangerous may be considered grossly negligent.
Product Liability
Many companies or manufacturers that place faulty or defective goods on the market for sale may be deemed grossly negligent. If the manufacturer knew or should have known that its product was defective and posed an extreme risk to consumers, yet they chose to release it onto the market anyway, they may be liable for gross negligence in many cases.
Can I Sue for Gross Negligence if I Signed a Waiver in Texas?
Waivers are a common tool businesses use to shield themselves from liability for negligence. While waivers are generally understood to cover ordinary negligence, Texas courts remain split on whether they can also cover gross negligence.
Do Waivers Cover Gross Negligence?
Some courts have ruled that a business cannot be liable if gross negligence is included in a valid and legally binding waiver. However, other courts have ruled that allowing businesses to waive liability for gross negligence would run counter to public policy and interests. To make the issue even more contentious, the Supreme Court of Texas has not yet issued a ruling on this issue. As such, there is no solid rule on how courts deal with waivers of gross negligence.
How Courts Have Ruled on Gross Negligence
In the 2018 case of Quiroz v. Jumpstreet8 Inc., a woman sued a trampoline company after she was so badly injured at their facility that she was left paralyzed from the waist down. She sued for gross negligence, even though the waiver she signed specifically stated that the trampoline business could not be held liable for gross negligence. The court ultimately ruled that the waiver was valid and that the plaintiff could not sue for gross negligence.
However, the court also acknowledged that it had ruled differently in a previous case, stating that the conclusion reached in that case was limited to that case only. In short, the ruling might differ under different circumstances with a different set of facts.
Suing for Gross Negligence Despite Signing a Waiver
If you want to sue for gross negligence, you should speak to an attorney. While the courts in Texas are split on whether waivers may cover acts of gross negligence, it is still possible that the court may rule in your favor.
FAQs About Gross Negligence in Texas
How is Gross Negligence Different from Ordinary Negligence?
Gross negligence is far more severe than ordinary negligence and often occurs under more shocking or outrageous circumstances. Liability for ordinary negligence can sometimes be waived by written agreement, but waivers often do not cover gross negligence.
What Does Gross Negligence Look Like?
Gross negligence involves extreme risk and conscious indifference from the defendant. Usually, they know their actions are highly likely to cause injury or harm, yet they proceed anyway with no regard for others’ safety.
What Legal Claims Involve Gross Negligence?
Often, courts award punitive damages only if the plaintiff proves by clear and convincing evidence that the defendant acted with actual malice or gross negligence.
Do Waivers Eliminate Liability for Gross Negligence?
Usually, no. While waivers may prevent someone from being held liable for ordinary negligence, within reason, they typically do not cover gross negligence. Any waivers that shield someone from liability for gross negligence may be invalidated, as such waivers are often deemed to violate public policy.
Does Gross Negligence Affect My Claim for Damages?
Gross negligence may affect your claim for damages under certain circumstances. Punitive damages often rely on plaintiffs proving gross negligence. Also, your compensatory damages related to economic damages may be higher if the defendant acted with gross negligence.
How Do I Prove Gross Negligence?
To prove gross negligence, you must have evidence showing that the defendant’s actions created an extreme risk and that the defendant was consciously indifferent to that risk. You must prove the defendant knew their actions or omissions would likely injure others, yet acted anyway.
Speak to Our Texas Personal Injury Attorneys About Your Claims
Speak to our Odessa, TX personal injury attorneys to get a free case review by calling The Queenan Law Firm, P.C. at (817) 476-1797.