If simple negligence is excluded from the cap, potential liability is much higher. We below explain the differences in the terms. Gross Negligence and Recklessness are blatant acts of negligence. Although punitive damages are not available for gross negligence for now, they may be available for reckless behavior. If you have any questions about this Memo, please email Christopher L. Disclaimer: The information on this page is being provided for information purposes only and is drafted entirely on the basis of public resources.
Information contained on or made available herein is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance. This information and your use thereof do not create an attorney-client relationship. You should not act or rely on any information provided herein without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular business.
Kmart Corp. HMO Ltd. Damages — The plaintiff was harmed by the actions of the defendant. What exactly is gross negligence? Examples of gross negligence include: A driver speeding in an area with heavy pedestrian traffic. A doctor prescribing a patient a drug that their medical records clearly list that they are allergic to.
Nursing home staff failing to provide water or food to a resident for several days. How The Sawaya Law Firm can help The Sawaya Law Firm has built a reputation as one of the premier personal injury firms in Colorado through our successful representation of our clients and our commitment to our community.
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Pinterest Created with Sketch. A driver, for example, has a duty to obey traffic laws and do his or her best to prevent car accidents. If a driver breaches this duty, such as by texting while driving, he or she has committed an act of negligence. When negligence causes accidents and injuries in Nevada, victims can seek compensation through personal injury lawsuits. Establishing ordinary negligence takes proof of four elements. If another reasonable and prudent person would have taken greater care to prevent the injury that harmed the plaintiff, the defendant in the case may be guilty of negligence.
Ordinary negligence typically refers to a careless mistake that causes harm to others. It is the fundamental legal doctrine involved in all personal injury claims. Some cases, however, involve gross negligence rather than ordinary negligence. Central Ave. Louis, MO All Rights Reserved.
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