What is Considered Gross Negligence in NY?

There are different levels of negligence in New York. When people are grossly negligent, for example, they may have to pay victims more than compensatory damages.

Gross negligence goes beyond ordinary negligence and is when parties act without any regard for the safety of others. For example, drunk driving is a common example of gross negligence, as operating a vehicle under the influence of alcohol is extremely dangerous and often results in life-altering injuries for victims and drivers alike. Knowingly distributing defective or dangerous products or ignoring glaring property defects are other examples of gross negligence that often result in injuries in New York. When a defendant’s negligence surpasses ordinary negligence, the victim might get punitive damages from the jury. New York does not limit punitive damages, and, if given, will be in addition to compensatory damages. When preparing your case, we can assess the defendant’s level of negligence to determine if punitive damages are an option for you.

Call The Carrion Law Firm’s New York personal injury lawyers for a free and confidential case assessment at (718) 841-0083.

What Are Some Common Examples of Gross Negligence in NY?

Gross negligence is more serious than ordinary negligence. Instead of only breaching a duty of care and acting irresponsibly, defendants act with willful or wanton recklessness and without regard for the safety of others around them. Common examples of gross negligence causing serious injuries in New York include drunk driving accidents, defective product accidents, and slip and fall accidents.

Drunk Driving

One of the most common examples of gross negligence that affects victims in New York is drunk driving. In 2022 alone, there were 13,524 deaths nationwide due to drunk driving, and it is a clear breach of a driver’s duty of care to get behind the wheel of a car intoxicated, especially if they are well over the legal limit. Being under the influence of drugs or alcohol could substantially reduce a driver’s reaction time or make them more likely to drive over the speed limit, which could worsen the damage due to an accident.

Distributing Defective Products

When manufacturers knowingly produce or distribute defective products in New York, they could be grossly negligent if those products then injure victims. Proving gross negligence in product liability claims can be challenging, and our Long Island personal injury lawyers may have to go back along the supply chain to determine liability. We may have to show that the manufacturer knew that the product did not meet the necessary standards for distribution but distributed it anyway without regard for the potential harm to a consumer. Glaring defects in the design or production of an item might help us establish this. Companies might be liable for selling dangerous or defective products that do not have the appropriate instructions or precautions for customers to avoid injury.

Ignoring Dangerous Property Defects

Property owners who ignore defects on their properties might be grossly negligent and liable for victims’ injuries in New York. This is common in cases involving landlords or property management companies that ignore tenants’ reports or complaints of issues or dangers.

For example, suppose the lighting in apartment building common areas has been out for a significant period of time, and management failed to address it despite maintenance requests from residents. Then, say, a resident tripped in a stairwell because of insufficient lighting and sustained a traumatic brain injury. In such a case, our lawyers would subpoena previous incident reports from residents regarding the hazard and potential security camera footage from the accident and the days preceding it, showing the landlord or property management company taking no steps to fix the lighting.

We can apply a similar assessment to other New York slip and fall or premises liability claims to determine whether victims may be eligible for punitive damages due to gross negligence.

Can Victims Get Extra Damages from Defendants for Gross Negligence in NY?

As a victim of gross negligence in New York, you can get extra damages if your case goes to court and the jury agrees that the defendant was egregiously reckless when injuring you.

When juries agree with victims’ arguments of gross negligence, they may award punitive damages. Punitive damages are different than compensatory damages, like economic and non-economic damages. Compensatory damages aim to make victims whole again after accidents by covering their losses due to negligence. Punitive damages, on the other hand, are used to punish defendants and deter others from engaging in similarly egregious behavior. Since punitive damages are used as an added consequence, they are only available when defendants exhibit gross negligence, not ordinary negligence. A breach of duty unaccompanied by willful and wanton recklessness or disregard for a victim’s safety will only result in compensatory damages, not punitive damages.

Furthermore, victims can only get extra damages for gross negligence when clear and convincing evidence proves that a defendant acted with willful or wanton recklessness. One way our lawyers may do this is through eyewitness statements. Eyewitnesses may accurately describe a defendant’s actions through firsthand accounts, convincing the jury of their gross negligence.

Photos or footage of the accident or its aftermath can also provide clarity to a jury regarding the defendant’s gross negligence. There is no limit on punitive damages for gross negligence, so juries can award whatever amounts they see fit based on each defendant’s actions.

Note that victims can only get punitive damages for gross negligence if they go to court and will not get them through settlements. If our lawyers find evidence indicating gross negligence, we may advise you to proceed with a trial, especially if initial settlement offers are very low compared to your total damages.

Call Our Injury Lawyers to Discuss Your Case in NY

Call the Staten island personal injury lawyers of The Carrion Law Firm at (718) 841-0083 for help with your case.