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PAGE ONE :: FORUMS :: NEWS :: LIABILITY WAIVERS

Ordinary negligence equals gross negligence...

Clayton R - OW/Journalist
July 20, 2007 at 00:10:14

Re: "Even though people now can sue only for gross negligence, juries tend to assume that any accident that results in a serious injury or death must have involved gross negligence" Andrea J. Saltzman (CDNN article)

The distinction between ordinary negligence and gross negligence is academic and legalistic.  In the real world people sue whenever they feel the provider was somehow responsible for an injury or death.  Attorneys defending providers huff and puff about liability waivers, but the people sitting in the jury box tend to discount such documents as a corporate con job. The notion that it's OK for a negligent provider to kill or injure somebody because the victim was required by the same provider to sign off on a document written by the provider's attorneys, simply does not sit well with most juries.

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