What Are the Different Levels of Negligence?

Negligence plays a key role in a personal injury case. It refers to the failure to exercise reasonable care or caution, resulting in harm or injury to another person. For example, if you were in a car accident and suffered injuries because of someone else’s reckless driving, you could potentially file a personal injury lawsuit based on the negligence of the other driver. In this scenario, negligence would involve the failure of the driver to exercise the level of care and caution that a reasonable person would have exercised in similar circumstances. This could include actions such as speeding, running a red light or distracted driving.

There are different levels of negligence depending on the degree of recklessness or disregard for safety the at-fault party displayed. In general, negligence encompasses the following levels: ordinary negligence, gross negligence, willful negligence and negligence per se.

The type of negligence in your case can have implications on the legal proceedings and potential outcomes. Moreover, a qualified personal injury lawyer can carefully assess the unique circumstances of your case and identify the appropriate type of negligence involved to build a strong case.

Ordinary Negligence

Ordinary negligence, also known as standard negligence or simple negligence, refers to an unintentional yet unreasonable act that results in an injury.

“Unintentional” means the person didn’t realize their actions would result in harm. “Unreasonable” refers to the fact that the average person wouldn’t have acted in the same way under similar circumstances.

An example of ordinary negligence would be a driver failing to stop at a red light and causing a collision with another vehicle. In this case, the driver didn’t intend to cause harm, but their failure to exercise reasonable care by disregarding traffic laws and not stopping at the red light resulted in a foreseeable risk of harm and, ultimately, a personal injury to the occupants of the other vehicle. The driver's actions were unreasonable because the average person would have followed traffic rules and stopped at the red light.

Negligence Per Se

Also known as negligence “in and of itself,” negligence per say is a type of negligence in which a person or entity isn’t required to be careless for negligence to occur. For example, if a toy manufacturer produces a defective and dangerous toy which causes injuries to children, it doesn’t matter whether the manufacturer was negligent or not in producing the toy. In cases of negligence per se, the focus is on the violation of a statute or regulation designed to protect the public from harm.

In the example above, if there’s a specific statute or regulation that sets safety standards for toy manufacturing, and the toy manufacturer produces a toy that fails to meet those standards, causing injuries to children, the manufacturer may be held liable for negligence per se. The violation of the safety standards set forth by the statute or regulation is considered evidence of negligence, regardless of whether the manufacturer was negligent in their actions.

Gross Negligence

Gross negligence is a more extreme type of negligence. Unlike ordinary negligence, which involves unintentional actions or omissions, gross negligence implies a greater level of recklessness, indifference or even willful misconduct. It’s applied to cases where the defendant had clear awareness of the potential risks and made a conscious decision to act in a manner that disregards those risks.

An example of gross negligence could be a driver knowingly running a red light at high speed because they had an emergency and thought others would yield for them if they honked. In this scenario, the driver knew they were breaking the rules of traffic but acted negligently anyway causing other motorists serious injuries and property damage.

Willful Negligence

Also known as recklessness, willful negligence typically involves a conscious and intentional disregard for a known or foreseeable risk. It is characterized by a conscious choice to engage in an activity or behavior that poses a substantial and unjustifiable risk of harm to others. Recklessness often entails a willful indifference to the potential consequences and a disregard for the rights and safety of others. Unlike negligence, which may involve unintentional actions or omissions, recklessness involves a higher level of intent and awareness of the risks involved.

An example of willful negligence could be a person driving at extremely high speeds in a residential area, knowing that there are children playing and pedestrians present. Despite being fully aware of the potential danger and the foreseeable risk of causing harm, they consciously choose to disregard traffic laws and safety precautions. This deliberate and conscious decision to engage in such dangerous behavior displays a willful indifference to the safety of others and demonstrates recklessness.

Have You Been Injured by Someone’s Negligence?

If your injuries were caused by someone’s negligence, you may be entitled to substantial compensation. Proving negligence in a personal injury case involving a car accident, medical malpractice or defective product isn’t always easy or straightforward and having an experienced personal injury lawyer in your corner can make all the difference.

Contact our Ohio attorneys today to book your free consultation. Call 1-800-411-PAIN today.