What is Gross Negligence in Texas?
Gross negligence is an extremely traumatic experience for many victims. Gross negligence basically means the reckless endangerment of the safety of others. Listed below are a few examples of gross negligence.
Actions include but are not limited to:
- Speeding in a school zone where kids are on the crosswalk.
- Doctor or medical professionals leaving medical equipment inside a patient.
- Doctor or medical professionals prescribing medicine that a patient is allergic to.
- Business owners knowingly selling harmful products.
- Nursing home staff not properly caring for elders or residents.
Due to the severity of the consequences of gross negligence, victims are eligible to sue for punitive damages in addition to compensatory damages. The punitive damages are considered to serve as a punishment to the defendant. To pursue a claim for gross negligence here in Texas, your case has to meet the following criteria listed below:
1-4 Elements of Negligence (Ordinary)
- Duty
- Breach
- Causation
- Damages
2-Objective Test
- Action taken by the defendant was of high risk which would have led to the severe harm of others.
3-Subjective Test
- The defendant was aware of the action they were taking and decided to willfully disregard the consequences
Once the claimant has checked off all the following criteria, they would need sufficient evidence to prove the following.
Here at the Hadi Law Firm, we can help you obtain the burden of proof and our experienced attorneys will prosecute on your behalf to the fullest degree. We will have our Personal Injury Trial Law attorneys investigate the case and determine every detail of the case including who was at fault. Our attorneys will then gather evidence alongside any supplemental information and build an aggressive case. If you feel you were the victim of gross negligence in Texas, reach out to The Hadi Law Firm at (832) 433-7977. Our seasoned team of Personal Injury Trial Law attorneys are here to make sure you get the justice and compensation you deserve. Click here to see more information on Gross Negligence in Texas.
