Gross negligence is a civil law concept that has been imported into the common law.

Concept of negligence

Before examining the meaning of gross negligence it is useful to summarise the legal definition of negligence.

Negligence is the failure by a person or body to observe a legally recognised standard of care to another party resulting in material damage. Such a duty of care arises where:

• there is a risk of harm and this risk is foreseeable by a reasonable person; and
• there is a legally recognised relationship of proximity between the parties.

The standard of care is objective and is what a hypothetical reasonable person of ordinary prudence or of ordinary care and skill engaged in the type of activity in which the defendant was engaged would be expected to adhere to.

To download the PDF to read the full article please complete this form...