Gross Negligence

When it is demonstrated that the reckless disregard for the health, well-being, safety and rights of others on the part of an individual or entity is so egregious that it goes far beyond simple carelessness and stops just short of criminal neglect, it is said to be gross negligence.

An instance of gross negligence occurs when a corporation assigns its employees to a job that its officers know to be hazardous, involving the handling of highly toxic materials. Because time is money, the corporation in question makes a conscious decision not to inform employees of the hazards involved for fear such information may cause employees to refuse the job without protective equipment - the use of which would constitute an additional expense and slow job performance, cutting into the corporation's profits.

Since the workers were not forced to do the job, this would not normally be considered criminal. However, the disregard for employee health and safety was so blatant that it clearly demonstrated gross negligence.

In cases such as these, juries will award punitive, or exemplary damages - amounts of money that are far above and beyond compensation for medical expenses, lost wages and pain and suffering.

Individuals may also be held liable for gross negligence. An example would be a case in which someone drives a vehicle which they know is unsafe to operate on a public road, and a resulting mechanical failure causes an injury accident. Depending on the mechanical condition of the vehicle and how much the individual knew about said condition, such a case could very likely be considered gross negligence.

 
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