Does the plaintiff in a catastrophic injury case need to prove gross negligence?

In Tennessee, whether or not the plaintiff in a catastrophic injury case needs to prove gross negligence depends on the specific type of catastrophic injury case. Generally, a plaintiff must prove some form of negligence – either ordinary negligence or gross negligence – in order to prevail in a catastrophic injury case. Ordinary negligence occurs when someone fails to act with reasonable care, resulting in harm to another person or property. In Tennessee, the standard for ordinary negligence is a “reasonably prudent person” standard – meaning that the plaintiff must prove that the defendant’s actions or lack of action did not meet a reasonable person’s standard of care. Gross negligence is a higher standard of negligence. To prove gross negligence, the plaintiff must prove that the defendant’s actions were reckless or wanton and that the defendant had conscious disregard for the safety of others. This is a much higher standard of negligence than the “reasonably prudent person” standard for ordinary negligence. In order to prove liability for catastrophic injuries, it is important to establish which type of negligence (ordinary or gross) is applicable. Depending on the facts of the case, the plaintiff may need to prove gross negligence in order to succeed with their catastrophic injury case.

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Does the plaintiff in a catastrophic injury case need to prove gross negligence?

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