When Negligence Leads to Injury
If someone’s carelessness caused your injury, your case likely involves negligence. But not all negligence is the same. In some situations, the at-fault party’s behavior is so reckless that it rises to the level of gross negligence — a much more serious offense that can lead to higher compensation for the victim.
So, what’s the difference between ordinary and gross negligence, and how does it impact your personal injury claim?
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What Is Ordinary Negligence?
Ordinary negligence refers to a person or company’s failure to exercise reasonable care under the circumstances.
It’s the most common type of negligence claim in personal injury law.
Ordinary negligence happens when someone makes a preventable mistake that causes harm — even if they didn’t mean to.
Examples of Ordinary Negligence:
- A driver looks at their phone and rear-ends another vehicle.
- A store owner fails to mop up a spill, leading to a slip-and-fall.
- A property manager ignores a loose handrail that later causes an injury.
Ordinary negligence is usually not intentional or willful — it simply reflects a failure to act with proper caution.
What Is Gross Negligence?
Gross negligence involves conduct far beyond ordinary carelessness. It shows reckless disregard for the safety of others — behavior so extreme that it shocks the conscience.
It’s more than just a mistake. It’s knowing something is dangerous and ignoring that risk anyway.
Examples of Gross Negligence:
- A driver speeding through a crowded crosswalk.
- A nursing home staff member failing to feed or hydrate a resident for several days.
- A construction company disabling safety equipment to save time.
In Colorado, proving gross negligence can lead to punitive damages, which are meant to punish the wrongdoer and deter similar conduct in the future.
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The Legal Difference
The main difference between ordinary and gross negligence is the degree of carelessness:
| Type of Negligence | Definition | Example |
|---|---|---|
| Ordinary Negligence | Failure to use reasonable care | Texting while driving and causing a minor crash |
| Gross Negligence | Reckless or willful disregard for safety | Driving drunk through a residential neighborhood |
Ordinary negligence is accidental. Gross negligence is extreme, reckless, and often avoidable.
How to Prove Negligence in a Personal Injury Case
Whether your case involves ordinary or gross negligence, your attorney must prove four key elements:
- Duty of Care – The at-fault party owed you a legal duty (e.g., to drive safely).
- Breach of Duty – They failed to uphold that duty through careless or reckless actions.
- Causation – Their actions directly caused your injuries.
- Damages – You suffered measurable harm, such as medical bills, lost wages, or pain and suffering.
To prove gross negligence, you must also show that the other party’s actions were so unreasonable that they represented a major departure from what a reasonably careful person would do.
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Other Forms of Negligence
Beyond ordinary and gross negligence, Colorado law recognizes additional forms, including:
- Negligence Per Se: When someone violates a law or regulation meant to protect safety (e.g., running a red light).
- Vicarious Liability: When an employer or organization is held responsible for an employee’s negligent actions.
These distinctions can significantly affect how damages are calculated and who may be held accountable.
Why Legal Representation Matters
Proving negligence — especially gross negligence — requires careful investigation, strong evidence, and expert testimony.
At Jordan Law, we’ve spent more than 20 years representing injury victims in complex cases involving reckless drivers, negligent corporations, and unsafe property owners.
“When someone’s reckless behavior changes another person’s life forever, the law must hold them accountable,” says Attorney Jason Jordan, Founder of Jordan Law. “Our team fights for maximum compensation so clients can focus on healing and rebuilding their lives.”
Contact Our Denver Personal Injury Attorneys
If you’ve been injured in an accident caused by negligence or gross negligence, you don’t have to face the legal system alone. Our experienced trial lawyers can review your case, explain your legal options, and fight to recover what you deserve.
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Written by Jason Jordan, J.D.
Founder and Trial Attorney, Jordan Law
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