Gross Negligence vs. Negligence: What’s the Difference? 

If you’ve been injured because of someone else’s actions or inaction, you might have a case for negligence; however, not all negligence is treated the same. In fact, whether your case involves ordinary negligence or gross negligence can affect who’s held responsible and how much compensation you’re entitled to. 

In this article, we’ll discuss gross negligence vs. negligence and how Florida law applies to these types of cases. 

What Is Ordinary Negligence?

Negligence is the basis of most personal injury cases. It refers to the failure to act with the level of care that a reasonable person would have under similar circumstances. This can either be the result of a person’s direct actions or their failure to act when there was a duty to do so. For example, if a driver runs a red light and causes a car accident, that’s a negligent act.    

Four Elements of Negligence 

To prove a negligence claim, all four of the following elements must be established: 

• Duty of Care: The defendant legally owed you a duty of care. 
• Breach of Duty: The defendant failed to meet that obligation. 
• Causation: The defendant’s actions (or inaction) directly caused the plaintiff’s injuries. This can be broken down into:
  • Actual cause, or “but for” the defendant’s actions, the injury wouldn’t have happened
  • Proximate cause in which the injuries were a foreseeable consequence of the actions 
• Damages: The plaintiff suffered real, measurable harm as a result of the incident, such as lost wages

What Is Gross Negligence?

Gross negligence, on the other hand, is more serious than ordinary negligence. Per Florida Statute 768.72, gross negligence is conduct that’s so reckless or lacking in care that it shows a conscious disregard or indifference to the safety, rights, or life of others. An example would be if a store associate is aware of a spill and its risks, but instead of cleaning it up, they choose not to take any action. 

If gross negligence is found in a personal injury case, punitive damages may be available. These damages not only compensate the victim but also punish the wrongdoer, thereby preventing similar behavior in the future. However, punitive damages can only be awarded if the court finds through clear and convincing evidence that the defendant was personally guilty of gross negligence. 

Examples of Gross Negligence 

Other common examples of gross negligence include: 

• A driver speeding through a school zone during dismissal
• A doctor performing surgery while under the influence of drugs or alcohol
• A property manager who ignores multiple tenant complaints about broken staircases

All of these actions show a willful disregard for the safety of others. 

Why Does the Type of Negligence Matter?

The type of negligence can affect the available damages in a personal injury lawsuit. Ordinary negligence typically results in compensatory damages, including medical bills, lost income, property damage, and pain and suffering. Gross negligence, on the other hand, can result in compensatory and punitive damages, increasing the total amount awarded. 

Criminal Negligence vs. Civil Negligence

There’s also a difference between criminal and civil negligence. Criminal negligence is a breach of duty so severe that it constitutes a violation of the law. It can result in criminal charges, imprisonment, and fines. Civil negligence refers to compensation for harm caused to another person. 

Some cases involve both. For example, in a DUI accident, the driver may face criminal charges for driving under the influence and civil litigation for injuries they caused. 

How Do Personal Injury Lawyers Prove Negligence?

Not only do personal injury lawyers need to prove the four elements of negligence, but they also need proof to back up the claim. They’ll begin by collecting evidence, such as eyewitness statements, security footage, and photos of the accident scene. Then, they’ll receive expert testimony from reconstruction specialists, medical experts, and specific industry professionals. Next is the discovery process in which your lawyer will request documents, emails, maintenance records, and other relevant evidence from the opposing party. 

For example, a slip and fall lawyer may bring in a flooring specialist to explain how a floor’s design or maintenance increased the risk of a fall injury. Alternatively, they may request logs that track cleaning schedules. 

If you’ve been in an accident and you believe negligence played a role, reach out to a Gainesville personal injury attorney as soon as possible. Florida’s statute of limitations gives you typically two years from the date of the accident to file a personal injury claim per Florida Statute 95.11. 

Florida’s Modified Comparative Fault Law

Florida follows a modified comparative fault law, which means fault is shared among all parties involved in the accident. Under Statute 768.81, your compensation is reduced by your percentage of fault. However, if you are found more than 50% responsible in a negligence case, you can’t recover damages at all. 

This makes building a strong case essential. If the defense can put just enough blame on you, you could lose your right to compensation entirely. 

When to Contact a Personal Injury Lawyer

If you or someone you love has been seriously injured due to someone else’s negligence, our Gainesville personal injury lawyers can determine whether your case involves ordinary or gross negligence, handle negotiations with insurance companies, and fight for the full compensation you’re entitled to. 

At Fine, Farkash & Parlapiano, P.A., we fight for the justice you deserve. Don’t let someone else’s carelessness cost you your future. Contact our personal injury law firm today for a free consultation and learn how we can help you hold them accountable. 

Sources: 

negligence | Cornell Law School 

768.72 Pleading in civil actions; claim for punitive damages. | The Florida Legislature 

95.11 Limitations other than for the recovery of real property. | The Florida Legislature 

768.81 Comparative fault. | The Florida Legislature 

Jack Fine

Mr. Fine was born in New York, New York, and was raised in the northeast, where he studied sociology at Colby College in Waterville, Maine. He then graduated with honors from the University of Florida Levin College of Law in 1976. In law school, he was a member of Phi Kappa Phi Honor Society, was inducted into the Order of the Coif, and graduated in the top 10 percent of his class. Mr. Fine was admitted into the Florida Bar in 1976, the United States District Court for the Middle District of Florida in 1977, the United States District Court for the Northern District of Florida in 1991, and the United States Court of Appeals 11th Circuit in 1982.