What is the difference between negligence and gross negligence in a ski accident?
Negligence and gross negligence are often used interchangeably in ski accident law cases in North Carolina, but they describe two very different legal concepts. Negligence is a failure to use reasonable care to prevent harm to others. Essentially, it is carelessness. An example of negligence in a ski accident would be failing to obey the ski resort’s rules and regulations, such as skiing too fast or skiing in an area designated as off-limits. Gross negligence goes beyond mere carelessness. It is a conscious disregard of the safety and rights of others and is considered more reckless than negligence. An example of gross negligence in a ski accident would be skiing while intoxicated, speeding excessively, or skiing in extremely dangerous terrain. Both negligence and gross negligence are actionable, meaning a person can be sued and financially held liable for causing an injury due to either. The main difference between the two is the amount of damages a court may award to an injured party. In North Carolina, gross negligence can result in punitive damages to be paid to the injured party, while damages awarded in a negligence suit are typically limited to compensatory damages.
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