Legal & Jurisdiction
Gross Negligence
Gross negligence is a severe departure from ordinary care, a higher degree of fault than simple negligence that can carry greater legal consequences.
Where ordinary negligence is a failure to exercise reasonable care, gross negligence is a reckless or extreme disregard for the safety of others. The distinction can matter in recovery: it affects certain defenses, damages, and, in South Dakota's system, whether a comparative recovery is allowed at all.