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.
