When dealing with injury claims, issues of negligence are bound to come up. While most cases deal with ordinary negligence, others might contend with issues of 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, which they then somehow violate, causing your accident. Gross negligence is more serious and tends to involve more serious risks, greater harm, and a cold indifference to the safety of others. Gross negligence tends to come up less frequently, but it may be implicated in cases of severe injuries 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 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. 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. Gross negligence is judged based on the perspective of the negligent actor, not from the victim or bystanders.
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 hit 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, degree of harm, and perspective of the actor. 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 based on the perspective of the defendant. Put another way, they should know that their actions are extremely dangerous and choose to proceed anyway.
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.
Medical malpractice cases may involve gross negligence, too. For example, a doctor might prescribe a patient a dangerous dosage of medication. This might be gross negligence if the fact that the dosage is dangerous should be clear from the patient’s charts and medical history, or maybe the medicine is known to be dangerous to anyone in high enough dosages.
Gross negligence can also come up in the workplace. An employer allowing workers to use dangerous equipment or machinery the employer knows or should know to be badly damaged and highly dangerous may be considered gross negligence.
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, courts in Texas are still somewhat split on whether waivers can also 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 away liability for gross negligence would go against 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.
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 decided the waiver was valid, and 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.
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.
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.