Also known as: grossly negligent
Written by attorneys · grounded in primary & secondary sources — see below
Conduct falling below the standard of care a reasonably prudent person would exercise under the circumstances by a severe margin that reflects reckless disregard for the safety or rights of others. The deviation exceeds ordinary negligence yet stops short of intentional wrongdoing. Courts and statutes apply this standard to limit liability shields in fiduciary and tort contexts.
Gino Giordano, a member managing Guardian Insurance LLC, directed staff to skip required compliance audits to cut costs despite internal warnings of regulatory exposure. The resulting fines and license suspension followed directly from his choice to ignore known risks. A court applying the duty of care found the conduct amounted to gross negligence.
Republic Development LLC, general partner of Horizon Places LP, received an inspector report detailing electrical code violations yet closed on the purchase to secure a bonus. The partnership later incurred repair costs and leasing delays after city enforcement. The limited partner’s claim succeeded on a showing of gross negligence under the duty of care.
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Bernice, a partner in Coastal Charters, departed on a charter with a severe weather forecast and inoperable backup radio. The vessel sustained major damage requiring costly rescue. The partnership recovered losses after establishing that the decision constituted gross negligence under the duty of care.
Directors of Trans Union accepted a merger offer after a brief meeting and without obtaining an independent fairness opinion or reviewing internal valuation data. Shareholders later challenged the process. The court held that the directors’ failure to inform themselves rose to gross negligence and defeated business-judgment protection.
Buick Motor Co. sold a car whose defective wheel collapsed and injured the buyer. Evidence showed the manufacturer had omitted standard stress tests that would have revealed the flaw. The court noted that such an omission, if proven, would constitute gross negligence sufficient to impose liability beyond privity.
A jailer left a pillow on a stairway where inmate Daniels fell and was injured. Daniels sued under the Due Process Clause alleging a deprivation of liberty. The Supreme Court held that mere negligence, even if gross, does not support a constitutional claim without proof of intentional conduct.
Gross negligence requires a severe departure from the standard of care that reflects reckless disregard, while ordinary negligence involves only a failure to exercise reasonable care. Statutes governing fiduciary duties in partnerships and LLCs expressly limit liability shields to grossly negligent conduct rather than ordinary negligence.
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No. Uniform acts prohibit partnership agreements from eliminating or altering the duty of care that bars grossly negligent conduct. Attempts to waive liability for such conduct are unenforceable.
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Yes in many jurisdictions. When conduct shows reckless disregard for others’ safety, courts may award punitive damages in addition to compensatory damages.
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Most states require gross negligence or recklessness rather than ordinary negligence before imposing criminal liability for involuntary manslaughter. The deviation must create a substantial risk of serious harm or death.
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…He refused to charge, however, that the jury must be "convinced" of malice, in the sense of "actual intent" to harm or "gross negligence and recklessness," to make such an award, and he also refused to require that a verdict for respondent differentiate between compensatory and punitive damages. The judge rejected…