Ordinary negligence is unintentional carelessness, such as inattention or absent-mindedness. Gross negligence involves willfully failing to prevent harm to another person, or knowingly failing to act the way a reasonable person would. In Colorado, the difference can affect compensation and whether a signed waiver holds up.
Ordinary vs. Gross Negligence: Comparison
Ordinary negligence is negligence caused by absent-mindedness, carelessness, or ignorance, for example. In other words, there is no intention to be negligent. Gross negligence, on the other hand, involves someone willfully or intentionally failing to prevent harm to another person, or knowingly failing to act in the way any reasonable, responsible person would act in similar circumstances.
What Are Some Examples of Ordinary and Gross Negligence?
| Setting | Conduct described | Issue illustrated |
|---|---|---|
| Store | Failing to clean up a spill that has not been reported | Likely ordinary negligence |
| Store | Being told about a spill and directing an employee not to clean it up | Might be gross negligence |
| Driving | Running a stop sign due to inattention | Might be ordinary negligence |
| Driving | Running a stop sign with a blood alcohol level over the legal limit | Might be gross negligence, since all drivers have a well-known obligation not to drive drunk |
| Ski resort | Not warning skiers that a particular run might be icy | Could be ordinary negligence, or not negligence at all |
| Ski resort | Refusing to do required maintenance on ski lifts to save money | Might be gross negligence |
Why Does It Matter if the Negligence Is Ordinary or Gross?
In a personal injury case, the difference between ordinary and gross negligence can determine the degree of fault or liability of the negligent party, and this can affect what the victim is entitled to in terms of compensation for the harm the negligence caused. A finding of gross negligence may result in higher levels of compensation for the victim(s) of the negligence.
Questions About a Signed Waiver
Another important reason to determine the level of negligence is that in cases of gross negligence, waivers signed by the victim may become unenforceable. In Colorado, with its many opportunities for outdoor adventure, this can be especially significant. For example, if a skier signs a waiver of liability for injuries at a ski resort, that does not mean they sign away their rights to sue if the resort or its employees are grossly negligent. A waiver may protect a business from claims of ordinary carelessness, but it does not protect against willful and wanton conduct.
What Is the Burden of Proof in a Personal Injury Case?
Personal injury cases are civil cases. At trial, the plaintiff must prove liability by a preponderance of the evidence, which is a lower standard than the one used to prove guilt in criminal cases.
Related Reading
- Injured by Rental Ski Equipment in Colorado?
- Youth Sports Concussions in Colorado: Liability Questions
- Colorado Comparative Negligence: How Shared Fault Works
Talk to Greer Law About Your Injury
If you were seriously or permanently injured because of someone else’s carelessness or recklessness in Colorado, contact Greer Law online or call 303-331-6460.
