Gross Negligence Flashcards
1
Q
Gross Negligence Elements
A
- Viewed objectively from the actor’s standpoint, the act or omission must involve an extreme degree of risk, considering the probability and magnitude of potential harm to others
- The actor must have actual, subjective awareness of the risk involved but nevertheless proceeds without precaution.
Mobil v. Ellender - The court found the defendants were grossly negligent in that they knew of the likelihood of serious harm by having benzene around and proceeded to act without caution. R: D is liable for gross negligence if their actions/omissions involved an extreme degree of risk, and after knowing this risk, D proceeds to act w/out care.
