What is gross negligence?
Gross negligence is carelessness far worse than an ordinary mistake: a person knows that what they are doing creates an extreme risk of serious harm and does it anyway, without caring who gets hurt. Proving gross negligence can open the door to punishment damages on top of normal compensation.
Last checked November 9, 2026 · Official sources (5)
What does gross negligence look like? An example with numbers
Example: a delivery company's mechanic writes up a truck's brakes as failing. A manager reads the note, decides the repair can wait a week, and sends the truck out on a full route. The brakes give out at a light and the truck hits your car. Your medical bills, lost pay and car damage total $60,000.
If the driver had simply looked away for a second, that would be ordinary negligence, and the claim would be about the $60,000 and your pain. Here the company knew about a serious danger and chose to run the truck anyway. A jury could find gross negligence, and in Texas that finding can allow exemplary damages on top of what you lost. Those extra dollars are meant to punish, not to repay you.
How does Texas define gross negligence?
Texas spells out a two-part test in its damages statute. Both parts must be met.
| Part | What it asks |
|---|---|
| Objective risk | Looked at from the person's position at the time, did the conduct involve an extreme degree of risk of harm to others? |
| Subjective awareness | Did the person actually know about that risk and go ahead with conscious indifference to others' safety? |
The label shows up elsewhere too. When a death is caused by gross negligence, Texas allows exemplary damages in addition to actual damages. And a Texas landowner who owes a trespasser almost nothing still may not injure that person through gross negligence. For Arizona, the standard for punitive damages comes from court decisions; we did not verify it for this page.
Why does gross negligence matter to someone who was hurt?
It changes what can be asked for and how hard the proof is. Ordinary negligence needs the usual standard of proof. For exemplary damages in Texas, you need clear and convincing evidence, a higher bar. That usually means documents: maintenance logs, prior complaints, texts, safety reports that show someone knew. If you suspect a company ignored a known danger, save every record and photo early.
Gross negligence vs. negligence vs. intent
Negligence is failing to use reasonable care. Gross negligence sits in the middle: the person does not want to hurt anyone but knowingly ignores an extreme danger. Intentional harm is doing it on purpose. The farther along this line the conduct falls, the more damages may be available.
Questions
Is drunk driving gross negligence?
It can be argued that way, because the driver chose to take a serious risk. Whether a jury agrees depends on the facts and on the state's test.
Does gross negligence mean I get more money?
Not automatically. In Texas it allows a request for exemplary damages, but you must prove it by clear and convincing evidence.
Can a waiver I signed block a gross negligence claim?
Many waivers try to excuse only ordinary negligence, and some carve out gross negligence by their own terms. Read the exact wording.
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See if I’m owed moneySources (5)
- Tex. Civ. Prac. & Rem. Code § 41.001(11)(B), checked 2026-11-09. “of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others”
- Tex. Civ. Prac. & Rem. Code § 41.001(11)(A), checked 2026-11-09. “which when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others”
- Tex. Civ. Prac. & Rem. Code § 41.003(a), checked 2026-11-09. “exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the harm with respect to which the claimant seeks recovery of exemplary damages results from: (1) fraud; (2) malice; or (3) gross negligence.”
- Tex. Civ. Prac. & Rem. Code § 71.009, checked 2026-11-09. “When the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be recovered.”
- Tex. Civ. Prac. & Rem. Code § 75.007(b), checked 2026-11-09. “owes a duty to refrain from injuring a trespasser wilfully, wantonly, or through gross negligence”