What are the “Negligence Per Se” and “Gross Negligence” standards in sports injury cases?

In California, sports injury cases involve two different standards: negligence per se and gross negligence. Negligence per se is when a person’s injury is the result of another person’s breach of a statute or regulation. This means that a person who causes an injury is liable if they violated a safety statute or rule, regardless of whether or not they had any intent to cause harm. Gross negligence, on the other hand, is when a person’s actions indicate reckless disregard for the safety of others. This type of negligence is usually based on more subjective observations in specific situations. In sports injury cases, negligence per se is usually based on if a coach or other responsible party violated safety regulations and put players at risk. Examples can include a coach failing to properly warm players up before a game, or not having equipment certified safe for use. Gross negligence, on the other hand, is usually based on if a coach or other responsible party acted in reckless disregard for their player’s safety. For example, a coach that ignores a player that’s injured and pressures them to return to play could be seen as being grossly negligent. In conclusion, negligence per se and gross negligence are two different standards that are used to assess liability in sports injury cases in California. Negligence per se is based on if a person violated a safety statute or regulation, while gross negligence is based on more subjective observations in specific situations.

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What are the “Negligence Per Se” and “Gross Negligence” standards in sports injury cases?

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