Gross negligence

Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." In some jurisdictions a person injured as a result of gross negligence may be able to recover punitive damages from the person who caused the injury or loss. Negligence is the opposite of diligence, or being careful. The standard of ordinary negligence is what conduct deviates from the proverbial "reasonable person". By extension, if somebody has been grossly negligent, that means they have fallen so far below the ordinary standard of care that one can expect, to warrant the label of being "gross". Gross negligence may thus be described as reflecting "the want of even slight or scant care", falling below the level of care that even a careless person would be expected to follow. While some jurisdictions equate the culpability of gross negligence with that of recklessness, most differentiate it from simple negligence in its degree. Gross negligence is used as a standard for criminal law, for example, under manslaughter in English law. Under common law, criminal negligence is defined as a gross deviation from a reasonable standard of care. This is a higher standard than ordinary negligence under tort law. In the U.K., a conviction for gross negligence manslaughter requires that the prosecutor prove the existence of a duty of care, breach of that duty by the defendant resulting in death, and a risk of death that would be obvious to a reasonable prudent person in the position of the defendant. English trusts law and English tort law The concept of gross negligence is broadly distrusted by English law. In Wilson v Brett, Baron Rolfe (later Lord Cranworth) said he: could see no difference between negligence and gross negligence; that it was the same thing, with the addition of a vituperative epithet. This view has been consistently approved in English law relating to fiduciary duties, as the courts have reasserted that there is only one standard of culpable carelessness: ordinary negligence.