What is gross negligence?

Gross negligence is an extreme form of negligence. It is when someone does something so careless and irresponsible that it is considered to be reckless and dangerous. In Delaware, gross negligence is established when an individual acts in a way that is so reckless or irresponsible that it amounts to a “want of even scant care” and is deemed a gross deviation from the ordinary standard of care. In regards to accident law, gross negligence typically applies to cases where an individual or entity’s behavior is so reckless that it causes an accident or injury to another individual. For instance, if someone is driving while under the influence of drugs or alcohol, and causes an accident that injures someone, that is typically considered to be gross negligence and the individual can be held liable for the accident and damages caused. In Delaware, if someone is convicted of gross negligence they can face criminal penalties such as jail time, fines, or community service. Depending on the severity of the incident, an individual can also be found civilly liable for damages caused. This means the injured person can seek monetary compensation for any medical bills, lost wages, or pain and suffering as a result of the accident. In either case, gross negligence is not taken lightly and serious consequences can result.

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