How To Prove A Florida Gross Negligence Claim
In Florida, a claim of Gross Negligence is defined as:
Gross Negligence occurs when there is an extreme deviation from the ordinary standard of care supporting a finding of wanton, willful and reckless disregard or conscious indifference for the rights and safety of others. Gross negligence may be the basis for punitive damages.
It simply means:
Purposeful behavior done without considering the harm that it could cause other parties.
There are 5 elements of the claim:
- Element 1. The defendant owed the plaintiff a duty of care. The defendant had a responsibility to act carefully and responsibly towards the plaintiff, meaning they should have taken steps to prevent harm that could reasonably affect the plaintiff’s safety or well-being.
Facts that might support this element look like:
* The defendant was responsible for maintaining the safety of the premises where the incident occurred.
* The defendant had prior knowledge of hazardous conditions that could harm visitors.
* The defendant had a contractual obligation to ensure the safety of the plaintiff while on their property.
* The defendant was a professional in a position of trust, requiring them to act with a higher standard of care.
* The defendant’s actions directly impacted the plaintiff’s safety and well-being during the relevant time period. - Element 2. The defendant breached the duty of care. The defendant failed to act with the care that a reasonable person would have shown in the same situation, leading to harm or injury to someone else.
Facts that might support this element look like:
* The defendant failed to conduct regular safety inspections of the equipment, despite knowing it was prone to malfunction.
* The defendant ignored multiple employee complaints about hazardous working conditions that posed a risk of injury.
* The defendant did not provide adequate training for employees on the proper use of safety gear, leading to preventable accidents.
* The defendant was aware of a recent increase in accidents but took no action to address the underlying issues.
* The defendant allowed expired safety protocols to remain in effect, endangering the health and safety of all employees. - Element 3. The defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct. The defendant acted in a way that showed a complete lack of concern for the safety and well-being of others, putting them at serious risk through careless or reckless behavior.
Facts that might support this element look like:
* The defendant operated a vehicle at high speeds in a crowded area, ignoring multiple warning signs and pedestrian crossings.
* The defendant failed to maintain their property, resulting in hazardous conditions that led to multiple injuries.
* The defendant repeatedly ignored safety protocols in a workplace, despite being aware of previous accidents caused by such negligence.
* The defendant was observed consuming alcohol while supervising minors at a public event, showing a blatant disregard for their safety.
* The defendant knowingly allowed a dangerous animal to roam freely in a residential neighborhood, despite prior complaints from neighbors about its aggressive behavior. - Element 4. The defendant’s breach caused injury. The defendant’s careless actions directly led to harm or damage, meaning that their failure to act responsibly resulted in injury to someone, which is a key part of proving gross negligence.
Facts that might support this element look like:
* The defendant failed to maintain the safety equipment, leading to a malfunction that directly caused the plaintiff’s injury.
* Witnesses reported that the defendant ignored multiple warnings about hazardous conditions prior to the incident.
* The plaintiff suffered significant medical expenses as a direct result of the defendant’s reckless disregard for safety protocols.
* The defendant’s actions resulted in a delay in emergency response, exacerbating the plaintiff’s injuries.
* The breach of duty by the defendant was a substantial factor in causing the plaintiff’s long-term disability. - Element 5. The plaintiff suffered actual damages as a result of the defendant’s conduct. The plaintiff experienced real harm or loss, such as physical injury or financial trouble, because of the defendant’s careless actions, which is a key part of proving a gross negligence claim.
Facts that might support this element look like:
* The plaintiff incurred medical expenses totaling $15,000 due to injuries sustained in the incident caused by the defendant’s gross negligence.
* The plaintiff lost wages amounting to $5,000 as a direct result of being unable to work following the accident.
* The plaintiff experienced significant emotional distress, leading to therapy costs of $2,000 over six months.
* The plaintiff’s property was damaged, resulting in repair costs of $3,500 that were directly attributable to the defendant’s actions.
* The plaintiff had to pay for additional transportation costs of $1,200 due to the inability to use their vehicle after the incident.
(See Florida Statutes – 768.72(2)(a). Lambert v. Higgins, 63 So. 2d 631 (Fla. Supreme Court 1953). De Wald v. Quarnstrom, 60 So. 2d 919 – Fla: Supreme Court 1952.)
If you’re in court without a lawyer and plan to assert a claim of Gross Negligence, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively navigate your case.
Prove Your FL Gross Negligence Claim
U.S. Civil Cases Only