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

In Hawaii, there are two types of negligence that can apply to sports injury cases: “negligence per se” and “gross negligence.” Negligence per se applies when an individual or entity violates a safety law or regulation, then causing an injury as a result. In other words, this type of negligence applies when someone has not followed the law—thereby creating an unsafe environment that leads to injury. For example, if the coaching staff of a sports team allows a player to participate despite being injured and the injury is worsened, the coach has violated the safety regulation surrounding injured players and could be held liable for negligence per se. Gross negligence is a more serious form of negligence that applies when an individual or entity fails to exercise a higher degree of care than a regular person. This means that if the coach or team took an egregious risk with the safety of the player, they could be held liable for gross negligence. For example, if the coach allowed a player to participate in a dangerous sport without proper safety gear or failed to provide adequate medical attention to an injured player, this could be considered gross negligence. In summary, negligence per se and gross negligence are two standards that can be applied to sports injury cases in Hawaii. Negligence per se applies when someone violates safety law or regulations and gross negligence applies when someone fails to exercise a higher degree of care than a regular person.

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

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