In most personal injury claims, the issue is negligence — carelessness that leads to harm. But in some cases, the conduct is so extreme or reckless that Texas law treats it differently. This is known as gross negligence, and it can open the door to additional damages, including punitive damages meant to punish and deter.
Here’s how gross negligence is defined in Texas and why it matters in serious injury and wrongful death cases.
Gross Negligence vs. Ordinary Negligence
Ordinary negligence means failing to act with reasonable care — like a driver running a red light or a property owner ignoring a spill. It’s enough to form the basis of a personal injury claim.
Gross negligence, by contrast, goes further. Under Texas law (Tex. Civ. Prac. & Rem. Code § 41.001), it means:
An act or omission involving an extreme degree of risk, considering the probability and magnitude of the potential harm to others, and of which the actor has actual, subjective awareness — but proceeds anyway with conscious indifference to the rights, safety, or welfare of others.
In short, it’s reckless behavior — not just a mistake, but a knowing disregard for the danger involved.
Examples of Gross Negligence
Gross negligence may arise in many types of personal injury cases, including:
- A company knowingly allowing workers to use unsafe equipment
- A trucking company ignoring federal safety violations that lead to a fatal crash
- A bar over-serving a visibly intoxicated patron who causes a drunk driving accident
- A property owner refusing to fix a known hazard that has injured people before
- A nursing home staff member ignoring serious medical needs, resulting in harm
The key factor is awareness — the wrongdoer must know there is a risk and choose to ignore it.
Why Gross Negligence Matters
Proving gross negligence can dramatically change a case. While ordinary negligence allows you to recover compensatory damages (medical bills, lost wages, pain and suffering), gross negligence may support a claim for punitive damages — also called exemplary damages in Texas.
These damages are awarded to punish the defendant and send a message to others. They are not available in most cases and require clear, convincing evidence of gross negligence.
What You Need to Prove
To establish gross negligence, you must show two things:
- Objective risk: That the conduct involved an extreme risk of harm
- Subjective awareness: That the defendant knew about the risk and acted anyway
This is a higher burden than in ordinary negligence claims, and evidence like internal emails, prior complaints, or safety violations may play a crucial role.
Contact Spagnoletti Law Firm
If you believe your injury was caused by more than just carelessness — by reckless or knowing disregard for safety — you may have a claim involving gross negligence. These cases require strong evidence and experienced legal representation.
Spagnoletti Law Firm represents injury victims throughout Texas in cases involving negligence, gross negligence, and wrongful death. We can evaluate your case and explain your options.
📞 Call 713-804-9306 for a free consultation. You don’t pay unless compensation is recovered.