What Is the Difference Between Negligence and Gross Negligence in Nevada?

Understanding Ordinary Negligence

Ordinary negligence simply means that one person failed to exercise a degree of care, resulting in an accident. For example, they may have tried to beat a yellow light, only for it to turn red, and they T-boned another vehicle in the intersection.

Another example is when a store employee mops the floor but fails to put out warning signs, causing someone to slip and injure themselves.

Basically, ordinary negligence is considered a minor lapse in judgment. 

The Four Elements of Negligence Explained

To prove you have a personal injury claim, you must establish that the defendant was negligent. Four key elements must be tested and passed to be able to proceed with your compensation claim and potential lawsuit.

Element One: Duty of Care

Everyone has a duty of care toward each other. It simply means you will act as another reasonable person would in different situations.

For example, when you drive, you obey and follow all traffic laws. However, if you were to tailgate or weave in and out of traffic while speeding, you would not be providing a duty of care.

Element Two: Breach of Duty

The next test is to determine whether the defendant has breached their duty of care. A breach can occur when the individual fails to exercise reasonable care.

In our example, if you were tailgating and another driver stopped suddenly, and you rear-ended them, you breached your duty of care. 

Element Three: Causation

Causation is an “if-then” type of test that is conducted. It is combined with the “but-for” test, also called the cause-in-fact test.

Basically, you must prove the defendant’s actions were the actual cause of the accident and your injuries. Using our example, if you tailgate, then you are most likely to get into a rear-end collision. Applying the “but-for” test, it would be, but for your tailgating, the accident would never have occurred. 

Another essential component of causation is the proximate cause of harm. It simply means the defendant is only responsible for the damages and injuries they could have reasonably foreseen.

Using our rear-end accident example, you could clearly foresee the risks of causing a crash resulting in property damage and potentially personal injuries.

Element Four: Damages

The last test to prove negligence is to establish that the defendant’s actions resulted in actual injuries or property damage.

For instance, if you rear-end another driver, then your actions cause damages.

What Is Gross Negligence?

Gross negligence in Nevada is when the defendant made a conscious decision not to exercise reasonable care. They may have engaged in reckless behaviors, putting the lives or safety of others at risk.

The key components of gross negligence include:

• Reckless or malicious intent: The defendant has no indifference to foreseeable harm.
• Intentional act: The defendant is fully aware of their actions, like speeding through a school zone.
• Unlocks punitive damages: When someone commits gross negligence, they may have to pay punitive damages to the injured party.

Negligence Versus Gross Negligence: The Legal Distinction

The primary legal distinction when comparing negligence vs. gross negligence has to do with the legal definitions:

• Negligence: The failure to exercise a degree of care as another reasonable person would when presented with a similar situation. 
• Gross negligence: Nevada courts define gross negligence as an indifference to present a legal duty of care. It is considered a conscious decision not to act with reasonable care and not to have any regard for the safety of others.

More simply, negligence means someone made a mistake in judgment, while gross negligence means they were fully aware of what they were doing, and it was intentional.

Punitive Damages and Gross Negligence Under Nevada Law

To seek punitive damages in a personal injury lawsuit in Nevada, you must first establish ordinary negligence occurred. Next, you must demonstrate that the defendant’s actions were deliberate, intentional, or reckless, without regard for your safety. Being able to establish gross negligence occurred does require help from experienced personal injury lawyers in Nevada.

Should the court agree gross negligence was committed, they can award punitive damages. Punitive damages are meant to punish the defendant for their actions, not as compensation for your injuries. Punitive damages are also an attempt to prevent others from behaving in a similar manner.

Nevada law has set caps on punitive damages you could receive as follows:

• Three times the total amount of your compensatory damages, such as lost wages and pain and suffering, if the amount is $100,000 or more.
• Or $300,000 if your compensatory damages are less than $100,000.

Nevada’s Modified Comparative Negligence Rule

In all personal injury claims, the total amount of compensation you receive can be reduced under Nevada’s modified comparative negligence rule. The state allows you to recover compensation from the responsible party, as long as you are found to be 50% or less at fault. If you are more than 50% at fault, you cannot receive any type of compensation at all.

Comparative negligence can be applied to both ordinary negligence and gross negligence. For example, the defendant was found to be grossly negligent, but you were 25% at fault for the accident.

Your total compensatory damages awarded were $100,000, and your punitive damages were $300,000. Your actual compensation would be $75,000 for your compensatory damages and $225,000 for the punitive damages. 

Proving Gross Negligence in Court

To prove gross negligence in Nevada, you must:

• Prove the four elements of ordinary negligence occurred.
• Prove the breach was an extreme breach to establish gross negligence.

You must also provide sufficient evidence to show that the defendant had no disregard for the safety of others, such as:

• Witness testimony to provide statements of the defendant’s reckless behavior.
• Expert testimony to support the departure from what is considered reasonable.
• Physical evidence you preserved, like medical records, surveillance footage, and police reports.
• Prior injury claims from others showing the defendant was well aware of the dangers, like an unrepaired sidewalk.

Real-World Examples: Negligence Versus Gross Negligence

To better understand the difference between negligence vs. gross negligence, here are some real-world examples.

Car Accidents

• Negligence: You glance at your GPS and do not see the car in front of you stop, causing a rear-end collision.
• Gross negligence: You are driving under the influence or excessively speeding and cause a serious crash.

Premises Liability

• Negligence: You slip on a wet floor in a store after another customer spills a drink, and the store fails to address it promptly.
• Gross negligence: A property owner is aware of a broken sidewalk and possibly previous injury claims but has not fixed it.

Product Liability

• Negligence: A product manufacturer forgets to include a warning for consumers on the packaging, such as an allergy warning or a choking hazard.
• Gross negligence: A manufacturer is fully aware of the product’s defects that could result in harm to others and fails to issue a recall or continues to sell the product.

Get Help Proving Negligence in Your Personal Injury Claim Today

Proving negligence, as well as gross negligence, in personal injury cases requires fully understanding Nevada’s legal system and tort laws. Without help from a Las Vegas personal injury attorney, insurance companies will not give you a fair settlement.

Find out your legal rights and options with a free case evaluation today from the best personal injury law firm in Las Vegas: Adam S. Kutner, Injury Attorneys.

Speak with our personal injury lawyers today.