Personal injury claims can be used to hold businesses accountable for unsafe practices that cause harm to their customers. Whether it’s a slip-and-fall in a poorly maintained store or injuries from defective products, personal injury claims are the best chance for victims to recover compensation for medical expenses, lost income, and pain and suffering.
The circumstances of each case help courts determine whether a simple negligence vs gross negligence claim is appropriate.
In a developing story reported by the Bellingham Herald, a man whose leg was badly injured in August 2023 at the Birch Bay Waterslides is pursuing a personal injury claim that was recently upgraded from negligence to gross negligence. This upgrade was granted after the discovery that Birch Bay Waterslides failed to maintain appropriate inspection records and falsely documented in official reports that the park’s maintenance records were present and well-maintained, even though these records are believed to have never existed.
What Is Gross Negligence?
Gross negligence is behavior that reveals a blatant disregard and utter indifference for the safety or rights of others. It is defined as willful, wanton, and reckless conduct affecting the life or property or another. Gross negligence is far more severe than ordinary negligence, which occurs when someone fails to exercise reasonable care.
For instance, a restaurant that fails to fix a minor spill (negligence) in a timely manner is not as serious as knowingly ignoring a gas leak that endangers customers’ lives (gross negligence).
How Courts Differentiate Standard Negligence and Gross Negligence
Courts follow a set of criteria to determine whether a standard negligence or gross negligence claim is appropriate. While both types involve harm to the plaintiff caused by a lack of care, gross negligence reflects a higher level of recklessness and disregard for safety. Here are three factors that courts evaluate when making their decision:
- Intent. Did the business knowingly ignore safety protocols?
- Severity. Was the harm foreseeable and could it have been prevented with basic precautions?
- Pattern. Does the business have a history of similar incidents or complaints?
In gross negligence cases, the answer to these questions may be yes.
Why The Type of Personal Injury Claim Matters to Victims
The type of personal injury claim matters to victims because an ordinary negligence claim is likely to lead to a different outcome than a gross negligence claim. While the burden of proof is higher, a successful gross negligence claim can lead to higher compensation, partly because there is a higher chance of recovering punitive damages. Punitive damages are awarded to punish the defendant for their egregious behavior and discourage future negligent behavior. While punitive damages are not generally awarded in Washington state, there are many statutory exceptions where punitive damages may be allowed.
The more complicated the claim, the more important it is to work with a skilled attorney who can gather evidence, consult experts, and build a strong case. If you or a loved one has been injured due to a business’s reckless actions, contact an experienced personal injury lawyer today. You deserve justice and accountability.
Seek the Help of a Personal Injury Lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing people injured in Whatcom County, Skagit County, Island County, and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
