NEGLIGENCE

Failure to exercise the degree of care considered reasonable under the circumstances, resulting in an unintended injury to another party. Civil Code §1714 The plaintiff must prove the following elements:

  1. the defendant owed a duty of care to the plaintiff;

  2. the defendant breached that duty of care;

  3. this breach caused loss or damage to the plaintiff; and

  4. the defendant should compensate the plaintiff for that damage

Gross Negligence. Damage to the plaintiff caused by the defendants want of even scant care, that is, an act or omission that is aggravated, reckless or flagrant in character, which is likely to cause foreseeable grave injury or harm to persons, property, or both. The gross negligence standard is substantially and appreciably higher in magnitude than ordinary negligence.

Updated by ADAMS KESSLER 10/6/2008

 
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