In most personal injury, the primary legal theory behind the case is
the legal concept of negligence.
Negligence distinguishes itself from other types of harm by the manner
in which the harm is caused. For example it is different from intentional
torts such as battery, becuase the harm usually results not from defendant
intending to cause harm or do an act which is likely to cause harm, but
rather conduct which is merely accidental, careless or the result of inattention.
Negligence is generally described as a defendant's breach of a duty of
reasonable care that is owed to plaintiff, which results in damage or
harm to plaintiff. A defendant found liable for negligence. must pay all
damages legally caused to the plaintiff Gross Negligence is considered
carelessness which is so great as to be "reckless" and is of a nature
that appears to be a conscious violation of other people's right to safety.
It might be thought of by some as more than simple inadvertence, but it
is just shy of being intentionally evil.
If gross negligence is found by the trier of fact (judge or jury), it
can result in the award of punitive damages on top of general and special
damages.
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