What is gross negligence?

Gross negligence is a legal term used to describe an extreme disregard of the safety or well-being of another person. In the context of accident law in Hawaii, gross negligence is when an individual’s actions are significantly more careless than another person could be reasonably expected to be in a similar situation. This means that, for legal purposes, gross negligence must be seen as going beyond mere carelessness or recklessness. The purpose of gross negligence is to prevent individuals from causing harm to others or to society. It is a step beyond standard negligence, which is simply a failure to use ordinary care. Gross negligence is a more serious offense because it shows that the negligent party acted both recklessly and without regard for the well-being of those affected. In Hawaii, courts using gross negligence to make a finding typically will look at the severity of the negligence and the extent of the damages caused by the negligence, as well as the individual’s ability to understand the risks surrounding his or her actions. For example, gross negligence typically would be present in a case involving drunk driving or a case where a driver did not take appropriate care before the accident. In such cases, the negligent party will likely be found to have acted grossly negligent.

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