Defining Gross Negligence

In legal terms, gross negligence involves the failure of an entity or individual to uphold a reasonable amount of care in a given situation, whereby someone suffers an injury as a result. Such recklessness reflects an absolute disregard for safety. To obtain compensation, the suffering individual—along with his or her personal injury attorney—will need to prove that an incident constituted gross negligence.

To cite an example of gross negligence, imagine a sports organization that requires participants to sign a waiver before they can participate. This waiver supposedly protects the company from a lawsuit should an accident occur. Assuming that a particular defective sporting good was erroneously manufactured and sold, and a participant suffers an injury because of it, the waiver may protect the organization from a lawsuit.

However, if the organization knew full well that a particular sporting product was defective, then it has just committed an act of gross negligence, i.e. an extreme lack of concern for the safety of their participants. The fact that the company proceeded with the action while being aware of the consequences is what makes this case grossly negligent.

Gross negligence can be hard to prove in court, and you will need a sophisticated personal injury attorney to guide you through the process.

The attorneys at Kurtz & Blum understand the consequences of an accident.  To contact an experienced personal injury attorney in Raleigh, please call 919-832-7700.


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