really... many legal commentators would say that they are just different ways to explain the same thing.
Here a few explanations and gross negligence. Notice the use of the word extreme.
it would seem that gross and extreme can be used interchangeably.
and someone who careless exercises here duties as she violates them is acting negligently.
Therefore, arguably (I would say very arguably) gross negligence and extreme carelessness is the same thing.
Gross Negligence
An indifference to, and a blatant violation of, a legal duty with respect to the rights of others.
Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to causeforeseeable grave injury or harm to persons, property, or both. It is conduct that is extreme when compared with ordinaryNegligence, which is a mere failure to exercise reasonable care. Ordinary negligence and gross negligence differ in degreeof inattention, while both differ from willful and wanton conduct, which is conduct that is reasonably considered to causeinjury. This distinction is important, since contributory negligence—a lack of care by the plaintiff that combines with thedefendant's conduct to cause the plaintiff's injury and completely bar his or her action—is not a defense to willful and wantonconduct but is a defense to gross negligence. In addition, a finding of willful and wanton misconduct usually supports arecovery of Punitive Damages, whereas gross negligence does not.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
gross negligence
n. carelessness in reckless disregard for the safety or lives of others, which is so great it appears to be a consciousviolation of other people's rights to safety. It is more than simple inadvertence, but it is just shy of being intentionally evil. Ifone has borrowed or contracted to take care of another's property, then gross negligence is the failure to actively take thecare one would of his/her own property. If gross negligence is found by the trier of fact (judge or jury), it can result in theaward of punitive damages on top of general and special damages. (See: negligence, damages, punitive damages)
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
gross negligence
see NEGLIGENCE.
Collins Dictionary of Law © W.J. Stewart, 2006
GROSS NEGLIGENCE. Lata culpa, or, as the Roman lawyers most accurately call it) dolo proxima, is, in practice,considered as equivalent to dolus or fraud itself, and consists, according to the best interpreters, in the omission of thatcare which even inattentive and thoughtless men never fail to take of their own property. Jones on Bailments, 20. It mustnot be confounded, however, with fraud, for it may exist consistently with good faith and honesty of intention, according tocommon law authorities.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
Here a few explanations and gross negligence. Notice the use of the word extreme.
it would seem that gross and extreme can be used interchangeably.
and someone who careless exercises here duties as she violates them is acting negligently.
Therefore, arguably (I would say very arguably) gross negligence and extreme carelessness is the same thing.
Gross Negligence
An indifference to, and a blatant violation of, a legal duty with respect to the rights of others.
Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to causeforeseeable grave injury or harm to persons, property, or both. It is conduct that is extreme when compared with ordinaryNegligence, which is a mere failure to exercise reasonable care. Ordinary negligence and gross negligence differ in degreeof inattention, while both differ from willful and wanton conduct, which is conduct that is reasonably considered to causeinjury. This distinction is important, since contributory negligence—a lack of care by the plaintiff that combines with thedefendant's conduct to cause the plaintiff's injury and completely bar his or her action—is not a defense to willful and wantonconduct but is a defense to gross negligence. In addition, a finding of willful and wanton misconduct usually supports arecovery of Punitive Damages, whereas gross negligence does not.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
gross negligence
n. carelessness in reckless disregard for the safety or lives of others, which is so great it appears to be a consciousviolation of other people's rights to safety. It is more than simple inadvertence, but it is just shy of being intentionally evil. Ifone has borrowed or contracted to take care of another's property, then gross negligence is the failure to actively take thecare one would of his/her own property. If gross negligence is found by the trier of fact (judge or jury), it can result in theaward of punitive damages on top of general and special damages. (See: negligence, damages, punitive damages)
Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
gross negligence
see NEGLIGENCE.
Collins Dictionary of Law © W.J. Stewart, 2006
GROSS NEGLIGENCE. Lata culpa, or, as the Roman lawyers most accurately call it) dolo proxima, is, in practice,considered as equivalent to dolus or fraud itself, and consists, according to the best interpreters, in the omission of thatcare which even inattentive and thoughtless men never fail to take of their own property. Jones on Bailments, 20. It mustnot be confounded, however, with fraud, for it may exist consistently with good faith and honesty of intention, according tocommon law authorities.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
you still don't get it?
There is a legal difference between grossly negligent vs extremely careless.
you still don't get it?
There is a legal difference between grossly negligent vs extremely careless.
