What Is the Difference Between Ordinary Negligence vs. Gross Negligence?

After someone or something injures you in Texas, you could receive financial compensation for negligence. If you or your personal injury lawyer can prove that someone was negligent in causing or contributing to the accident, that person will owe you money for your related damages. If your lawyer can prove gross negligence, the law may entitle you to even more compensation. Learn the difference between ordinary negligence and gross negligence in Texas to understand your rights as an injured party.

Almost all personal injury and wrongful death claims in Texas share a common foundation: the legal doctrine of negligence. The definition of negligence is any act or omission that a reasonably prudent person in the same circumstances would not commit. It can refer to an action or the failure to act. Proving negligence in Texas generally requires evidence of four main elements.

Ordinary negligence does not have to be intentional. Someone could be guilty of negligence without realizing the risks of his or her actions. For example, an inexperienced driver could text and drive without recognizing the related dangers. The driver would still be liable for a related auto accident even if he or she was unaware of the risks of distracted driving if a prudent driver would not have done the same thing. While a defendant may not face criminal charges for negligence, he or she will be civilly liable to the people his or her negligence injured.

The definition of gross negligence in Texas is any action or omission that involves an extreme degree of risk in relation to the probability and magnitude of potential injury to others ( Texas Civil Practice and Remedies Code 41.001 ). Gross negligence can also refer to a situation in which the defendant knew of the risks involved but proceeded with the action anyway with an indifference to the safety, rights or welfare of others.

No reasonable or prudent party would commit an act of gross negligence. It is an act or behavior that exhibits a willful or wanton disregard for the safety and wellbeing of others. Examples of gross negligence include a driver getting behind the wheel after 10 alcoholic drinks, a surgeon operating on the wrong patient and a trucking company ignoring signs of defective brakes. Gross negligence could make a defendant liable for greater damages than ordinary negligence in Texas. Gross negligence can be a difficult standard to prove during a personal injury case, however.

Gross negligence lies between ordinary negligence and criminal intent. It describes a reckless disregard for the safety of others. If a defendant is guilty of gross negligence, wanton misconduct, fraud or malicious intent to harm, he or she may have to pay you more money as a form of punishment for his or her actions.

Punitive or exemplary damages is an additional award on top of compensatory damages to punish a defendant. The cap on punitive damages in Texas is $200,000 or twice the amount of economic damages plus noneconomic damages up to $750,000 (whichever is greater).

A punitive damage award could greatly increase your financial recovery if you can prove gross negligence after an accident in Texas. Texas Civil Practice and Remedies Code 41.003 states that a plaintiff must prove using clear and convincing evidence that the defendant was guilty of gross negligence, fraud or malice to obtain punitive damages.

A jury must be unanimous in deciding that the defendant is liable for punitive or exemplary damages. A Houston personal injury lawyer may be able to help you prove your eligibility for punitive damages using evidence such as experts, eyewitnesses and police reports. Contact an attorney as soon as possible after an incident you believe involves gross negligence for a better understanding of your rights.

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