When someone is injured due to another person’s carelessness, they often have the right to file a personal injury claim. In most cases, these claims are based on negligence. However, when someone acts with extreme disregard for the safety of others, the law may consider it “gross negligence.” This higher level of wrongdoing can lead to different legal consequences.
In some cases, proving gross negligence could affect the outcome of your case, including the amount of compensation available. Continue reading to learn more about this important legal concept.
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What Is the Legal Definition of Gross Negligence in Maryland?
In Maryland, gross negligence is a legal term used to describe conduct that is far more reckless than ordinary negligence. While standard negligence means someone failed to act with reasonable care, gross negligence means they acted with a complete disregard for the safety or rights of others.
Maryland courts have explained that gross negligence is “a wanton or reckless disregard for human life or the rights of others.” It’s not just making a mistake. Instead, it’s behaving in a way that shows a lack of concern for how your actions could hurt someone else.
Examples of Gross Negligence
Not every accident rises to the level of gross negligence. However, courts may find gross negligence in situations where the behavior is especially reckless or outrageous.
Here are a few examples that might qualify:
- A driver speeds through a crowded school zone while texting on their phone.
- A property owner knows about a significant safety hazard, like a collapsing staircase, but refuses to fix it or warn anyone.
- A trucking company forces a driver to operate far beyond legal hours without rest, resulting in a crash.
- A business intentionally removes safety guards from heavy machinery to speed up production.
Each of these actions goes beyond ordinary carelessness. They show a level of risk-taking that most reasonable people would never accept.
Why Does Gross Negligence Matter?
Gross negligence matters because it can affect the outcome of a personal injury case. Proving gross negligence may allow for the recovery of punitive damages, which are designed to punish the wrongdoer rather than compensate the victim.
In Maryland, punitive damages are not available in most personal injury cases. However, if you can show that the defendant acted with actual malice or extreme recklessness, you may be able to recover these additional damages.
Gross negligence can also impact other parts of a case. For example, in some claims involving immunity (such as in certain government tort or medical malpractice situations), you may only succeed if you can show that the person acted with gross negligence.
How Do You Prove Gross Negligence in a Maryland Injury Case?
To prove gross negligence, you need more than just proof of an accident or injury. You must show that the person’s behavior was so reckless that it amounted to a total disregard for the well-being of others.
This usually requires strong evidence, including:
- Eyewitness accounts describing the dangerous behavior
- Surveillance footage, dashcam video, or other recordings
- Internal emails, logs, or records showing a pattern of neglect or intentional wrongdoing
- Testimony from experts in fields like accident reconstruction or safety standards
Your personal injury attorney will need to investigate the case thoroughly to build the strongest argument possible. The goal is to show that the defendant knew their actions could hurt someone and went ahead anyway.
Is Gross Negligence the Same as Intentional Harm?
Not exactly. Gross negligence and intentional harm both involve serious misconduct, but they are not the same thing.
Gross negligence means someone acted with extreme carelessness. They may not have wanted to hurt anyone, but they chose to ignore the risk. Intentional harm, on the other hand, means someone meant to cause injury. An example would be physically attacking another person.
Even though they’re different, both can result in more serious consequences under Maryland law. Both can also justify higher damage awards in civil cases.
Does Maryland Recognize Comparative Fault in Gross Negligence Cases?
Maryland is one of the few states that follows the contributory negligence rule. Under this system, if the injured person is even 1% at fault for the accident, they usually cannot recover compensation.
This rule applies even in cases involving gross negligence. That’s why it’s so important to have a strong legal team that can defend you against any suggestion that you were partially to blame.
In many cases, the other side will try to shift responsibility to avoid paying. An experienced Maryland personal injury lawyer can gather the right evidence to push back and protect your right to compensation.
Contact Our Baltimore Personal Injury Lawyers for a Free Consultation
If you or a loved one were harmed due to someone else’s extreme recklessness, you may have grounds for a gross negligence claim. These cases can be more complex than standard personal injury claims but may also allow for greater compensation, including punitive damages.
At WGK Personal Injury Lawyers, we’ve been fighting for the rights of injury victims in Baltimore and across Maryland for decades. We know how to investigate serious claims, build strong legal arguments, and hold negligent parties fully accountable. Contact our office today at (410) 837-2144 to schedule a free consultation and learn how we can help you seek justice.
