What is Gross Negligence?
In the Commonwealth of Massachusetts, it is understood that all people have a duty to exercise reasonable care to avoid causing harm to others. In some cases, however, the failure to demonstrate requisite levels of care may rise to the standard of gross negligence.
As members of our local and global communities, we all bear some level of responsibility for ensuring the health and safety of others. Unfortunately, failing to uphold that responsibility, whether intentionally or unintentionally, can have dire consequences for both ourselves and those around us. If you have been a victim of someone else’s negligence, you may be wondering what your options are for seeking compensation or other damages.
Let’s discuss some of the key differences between ordinary and gross negligence and explore how negligence in all forms can influence personal injury cases in the Commonwealth.
Negligence in a nutshell
Negligence is a key factor in personal injury and other legal cases, as it determines who is legally responsible for the harm suffered by another party. Massachusetts tort law governs claims involving individuals, businesses and government entities who have been accused of causing harm to other members of the community. Tort law establishes citizens’ legal responsibilities to one another and helps to ensure fair and reasonable outcomes for all parties involved in personal injury, wrongful death and other cases.
Plaintiffs may file a tort claim if they believe that they have suffered undue physical, mental or emotional harm as the result of another party’s actions or inactions. Generally speaking, there are three categories of torts that a claim may fall under: Intentional torts, negligent torts and strict liability torts. Many personal injury cases involve negligent torts, where a party’s failure to exercise reasonable care results in injury to the plaintiff.
There are a few criteria necessary in order to establish negligence in these kinds of tort claims:
- A defendant must have owed a specific legal duty to the injured party
- It must be established that the defendant failed to fulfill that duty
- The plaintiff must have suffered identifiable harm
- The plaintiff must prove that the defendant’s failure to fulfill his/her duty resulted in the established harm to the plaintiff
If all of the above criteria can be established by a preponderance of evidence, the plaintiff may be entitled to compensatory damages from the party deemed liable for their injuries.
Ordinary vs. gross negligence: What’s the difference?
When discussing personal injury cases involving negligence, the term “gross negligence” often comes up in conversation. There are a few distinguishing factors between ordinary and gross negligence, and it is important for plaintiffs and their legal representatives to have a clear understanding of these two distinct legal standards before embarking upon a tort or personal injury case.
While ordinary negligence is generally defined as a failure to exercise reasonable care, gross negligence refers to a more extreme disregard for safety — where an individual fails to show even the slightest diligence in preventing harm. In Massachusetts, the long-held definition of gross negligence is derived from the legal precedent set forth in Altman v. Aronson, 231 Mass. 588, 591-592 (1919):
“Gross negligence… is an act or omission respecting legal duty of an aggravated character as distinguished from a mere failure to exercise ordinary care. It is very great negligence, or the absence of slight diligence, or the want of even scant care. It amounts to indifference to present legal duty and to utter forgetfulness of legal obligations so far as other persons may be affected. It is a heedless and palpable violation of legal duty respecting the rights of others. The element of culpability which characterizes all negligence is in gross negligence magnified to a high degree as compared with that present in ordinary negligence. Gross negligence is a manifestly smaller amount of watchfulness and circumspection than the circumstances require of a person of ordinary prudence.”
Put simply, gross negligence may apply in situations where an individual exercised an obvious disregard for the health and safety of others or engaged in overtly reckless behaviors that resulted in identifiable harm.
Additionally, the degree of negligence assigned to a defendant in a tort claim may be commensurate with the level of responsibility the defendant had to the plaintiff in the first place. That is to say that there is a higher burden of responsibility associated with situations in which there is a greater potential for danger. If a defendant was aware that a particular situation or action could result in substantial harm, failing to exercise the reasonable standard of care within that context could rise to the standard of gross negligence under the law.
For example, a nursing home that neglects to provide adequate care to its residents could be held liable for gross negligence if a preventable death occurs on the premises. This differs from cases involving ordinary negligence (such as a store owner whose failure to mop up a spill results in a patron slipping and falling) because the nursing home’s expected standard of care is significantly higher, to begin with.
Does gross negligence impact personal injury cases?
In the Commonwealth of Massachusetts, instructions regarding gross negligence generally do not apply in personal injury cases. Instead, the Commonwealth seeks simply to establish the extent to which any form of negligence may have resulted in a plaintiff’s injuries and makes determinations accordingly. In Massachusetts, plaintiffs in personal injury cases may seek compensation related to both economic and non-economic damages, i.e., medical bills, lost wages or mental anguish. The Commonwealth, however, does not typically award punitive damages in personal injury cases, making a determination of gross negligence less legally efficacious in these tort claims.
A determination of gross negligence does, however, play a vital role in certain types of cases, including wrongful death claims. If it is determined that an individual’s gross negligence resulted in the wrongful death of another party, the court may see fit to award punitive damages to the victim’s family or representatives. The minimum punitive damage award established by the Commonwealth is $5,000, and there is no maximum cap on these damages, which means individuals found liable for gross negligence in a wrongful death suit may find themselves facing hefty financial consequences.
How does the court determine gross negligence?
Determining whether an individual demonstrated gross negligence in a case involving personal injury or wrongful death can be challenging because the line between ordinary and gross negligence can be somewhat subjective. The Massachusetts Superior Court provides helpful guidance for jurors in gross negligence cases, including the following questions for consideration:
- Did the defendant voluntarily take an obvious risk in circumstances where failure to use reasonable care could be fatal or cause very serious injury?
- Did the defendant persist in a clearly negligent course of conduct over a noticeable period of time?
- Was the defendant impatient with reasonable precautions?
- Was the defendant deliberately inattentive?
- If the defendant was inattentive for just a moment, was it at a time when there was a risk of great and immediate danger?
If jurors answer yes to any of the questions outlined above, they may determine the defendant’s conduct to have been grossly negligent. Once gross negligence has been established in this manner, jurors must go on to determine whether the defendant’s gross negligence directly resulted in the death of the victim. This is where expert testimony and evidence can play a critical role in helping to establish a causal relationship between the defendant’s actions and the harm suffered by the victim. If the evidence supports the existence of such a relationship, the defendant may be found liable for the wrongful death of the victim and subject to economic, non-economic and punitive damages.
Final thoughts
If you have suffered a personal injury as the result of another party’s negligence, it is vital that you seek out effective legal counsel to help you secure the most desirable outcome afforded to you under Massachusetts law. While determinations of gross negligence do not typically impact the outcome of personal injury cases, they can prove vital in wrongful death cases brought before the court.
No matter where you are in the process of negotiating your personal injury case, the skilled personal injury lawyers at the Law Offices of Gerald J. Noonan can help you better understand your rights and aid you in seeking the maximum damages recoverable under the law. Contact us today, and let’s discuss how our team can support you in your efforts to recover damages related to your personal injury claim.