GROSS NEGLIGENCE
An indifference to, and a blatant violation of, a
legal duty with respect to the rights of others.
Gross negligence is a conscious and volun-
tary disregard of the need to use reasonable
care, which is likely to cause foreseeable grave
injury or harm to persons, property, or both.
It is conduct that is extreme when compared
with ordinary NEGLIGENCE, which is a mere
failure to exercise reasonable care. Ordinary
negligence and gross negligence differ in degree
of inattention, while both differ from willful
and wanton conduct, which is conduct that is
reasonably considered to cause injury. This
distinction is important, since contributory
negligence—a lack of care by the plaintiff that
combines with the defendant’s conduct to cause
the plaintiff ’s injury and completely bar his or
her action—is not a defense to willful and
wanton conduct but is a defense to gross negli-
gence. In addition, a finding of willful and
wanton misconduct usually supports a recovery
of PUNITIVE DAMAGES,whereas gross negligence
does not.
152 GROSS
WEST’S ENCYCLOPEDIA OF AMERICAN LAW, 2nd Edition? GROTIUS, HUGO
Hugo Grotius, also known as Huigh de Groot,
achieved prominence as a Dutch jurist and
