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

In Washington, two main standards are used to establish if a sports injury is the fault of another party, either a participant or an organization: Negligence Per Se and Gross Negligence. Negligence Per Se is a legal term that implies that someone who is responsible for an injury failed to comply with the relevant laws or regulations. In other words, if the responsible party violates an established legal standard regarding safety, then Negligence Per Se is assumed, and the injured party has the right to pursue a legal claim. Gross Negligence, on the other hand, refers to more egregious safety violations, such as recklessness or flagrant disregard for safety procedures. This standard is usually applied in sports injury cases when the responsible party acted in a way that goes beyond simply violating safety regulations. In other words, the responsible party was not just negligent, but was actively engaging in activities that showed extreme disregard for the safety of others. In both Negligence Per Se and Gross Negligence cases, it is ultimately up to the court to decide whether the responsible party is liable or not. However, if it can be proven that the responsible party did not take reasonable safety measures or engaged in activities that posed an extreme risk of harm to others, then it is likely that they will be held liable for any personal injury or property damage caused by their negligence.

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

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