Contract Glossary
Gross Negligence
Definition
A severe level of carelessness that goes beyond ordinary negligence — it's a conscious, reckless disregard for the safety or rights of others. Think of it as the gap between 'oops' and 'what were you thinking.'
In Practice
Many limitation of liability clauses exclude gross negligence — meaning if one party is grossly negligent, the liability cap doesn't protect them. If a contractor ignores known safety hazards and someone gets hurt, that's likely gross negligence, and the standard liability limits in the contract won't apply.
Common in these contract types
Frequently asked questions about gross negligence
Negligence is failing to exercise reasonable care — leaving a wet floor without a sign. Gross negligence is far worse — knowing the floor is dangerously slippery, watching people approach, and doing nothing. It's a conscious disregard, not just carelessness.
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Create your contractThis content is for informational purposes only and does not constitute legal advice. For contracts with significant financial or legal implications, review by a qualified attorney is recommended.