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Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
Negligence is critical in personal injury law and pivotal in determining liability and compensation. Simply put, negligence arises when someone fails to act with reasonable care, resulting in harm to others. However, not all negligence is created equal. There’s a significant difference between ordinary negligence and gross negligence, and understanding this distinction can affect how your personal injury cases are handled and resolved.
In this blog, we’ll explore the key differences between these two types of negligence, why it matters, and how damages are calculated in such cases. At Gina Corena & Associates, we have years of experience representing clients in negligence claims in Las Vegas, Nevada, and we’re here to guide you through the complexities of your case.
Negligence generally refers to a failure to exercise the level of care that a reasonably prudent person would under similar circumstances. This failure can result in accidents, injuries, or damages to others.
Ordinary negligence is a minor lapse in judgment or care. It happens when someone fails to act responsibly, but their actions don’t exhibit an extreme disregard for others’ safety.
Example: A driver who looks away from the road momentarily and causes a minor accident is guilty of ordinary negligence.
Gross negligence, on the other hand, refers to severe carelessness or reckless disregard for other people’s safety. It’s more than just a mistake—behavior that consciously disregards potential consequences.
Example: Driving at dangerous speeds through a school zone during drop-off hours demonstrates gross negligence.
The main distinction lies in the degree of carelessness. Ordinary negligence involves minor oversights while Gross negligence reflects a severe breach of duty.
Courts analyze negligence by assessing the level of carelessness and the intent behind the actions. The key differences include:
| Aspect | Ordinary Negligence | Gross Negligence |
| Definition | Failure to exercise reasonable care | Severe, reckless disregard for others’ safety |
| Level of Carelessness | Mild to moderate | Extreme and willful or wanton |
| Damages | Compensatory (e.g., medical bills) | Compensatory + Potential Punitive Damages |
| Example | Texting while driving, causing a minor crash | Speeding recklessly through a school zone |
For a negligence claim to succeed, four elements must be proven:
A grocery store employee forgets to clean up a spilled drink, causing a shopper to slip and fall. While the employee did not intend to cause harm, they breached their duty of care by failing to maintain a safe environment.
A theme park operator knowingly ignores malfunctioning safety equipment on a roller coaster, leading to a serious accident.
This reckless disregard for safety goes beyond simple carelessness and constitutes gross negligence.
The distinction between ordinary negligence and gross negligence significantly impacts how courts view the defendant’s actions.
“In cases of gross negligence, courts may award punitive damages to deter similarly reckless behavior.”
Examining how gross negligence contrasts with ordinary negligence is essential to understanding its definition better.
One of the most critical distinctions between ordinary negligence and gross negligence lies in the damages awarded.
Victims of ordinary negligence are entitled to compensatory damages, which cover:
In cases of gross negligence, courts may also award punitive damages, which are intended to:
For Example, If a trucking company knowingly sends a driver on the road with faulty brakes, punitive damages may apply due to their extreme recklessness.
In cases of comparative negligence, both parties share fault. For example, if the plaintiff was 20% responsible for the accident, their compensation may be reduced by that percentage.
Negligence per se occurs when someone violates a law designed to protect public safety, such as running a red light. This violation automatically establishes negligence without needing further proof of breach.
Gross negligence involves reckless behavior that blatantly disregards others’ safety. Unlike ordinary negligence, it is more than just a lapse in judgment—it is intentional or willful.
Courts focus on the degree of carelessness. Ordinary negligence involves minor lapses, while gross negligence reflects severe recklessness or intent to harm.
No, punitive damages are typically reserved for gross negligence cases. Ordinary negligence does not meet the threshold of extreme behavior required for such penalties.
Consult an experienced attorney to discuss your case. An attorney can assess the evidence and help you understand your options for seeking compensation.
Understanding the differences between ordinary negligence and gross negligence can significantly impact the results of your personal injury claim. If you believe you’ve been harmed due to someone else’s negligence, exploring your legal rights and potential options is essential.
At Gina Corena & Associates, we provide compassionate, experienced legal guidance. Contact us today for a free consultation to discuss your case.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
