We Found 4 Definitions for Gross
1. Want of Scant Care
2. Equal to Willful and Wanton
3. Halfway between Negligence and Willful and
4. No Difference: Ordinary, Gross or Willful and
…want of even scant care or an
extreme departure from the ordinary
standard of conduct.
City of Santa Barbara et al., v. The Superior Court
of Santa Barbara County, 135 Cal. App. 4th 1345;
38 Cal. Rptr. 3d 434; 2006 Cal. App. LEXIS 84;
2006 Cal. Daily Op. Service 775; 2006 Daily
Journal DAR 1075
Under Kentucky law, "wilful and wanton negligence"
is "substantially the equivalent of 'gross
Dones v. Super Service Inc. 2006 Ky. App. Unpub.
LEXIS 389 (Ky. App. 2006)
Gross negligence is defined as
"conduct that comes somewhere
between 'simple' negligence and the
intentional infliction of harm, or, 'willful
Steinberg v. Oasis, 2014 N.J. Super.
Unpub. LEXIS 2594,
New Hampshire law does not distinguish
causes of action based on ordinary
and gross negligence. "[T]he doctrine
of definitive degrees of negligence is not
recognized as a part of our common law.
Barnes v. New Hampshire Karting
Association. 509 A.2d 151 (N.H. 1986)
Definitions of Gross Negligence
Want of Even Scant Care
Willful & Wanton Negligence
Between Ordinary & Willful &
Releases Are Contracts
*Meeting of the Minds
*Rarely Accepted for
Heiman v. Mayfield, 686 S.E. 2d 284 (Ga.
Exculpatory clauses in which a business relieves
itself from its own negligence are valid and binding
in this State and are not void as against public
policy unless they purport to relieve
liability for acts of gross negligence
or willful or wanton conduct.
…to allow an exculpatory clause to
extend to gross negligence would
violate the public interest, rendering
the clause void.
Courbat v. Dahana Ranch., 141 P 3d
427 (Haw. 2006)
States were Releases are Void or Subject to kinds of Acts
Those States where a
Release stops a Claim
for Gross Negligence
Claims for Gross Negligence
In some states where is no difference
between a claim for ordinary
negligence or greater than ordinary
Effectively in those states then, a
release stops a claim for Gross
States where Gross Negligence Claims are Stopped
States were a release does not stop a Claim for
are in Green
stop a claim
The Sixth Circuit has held that, under
Kentucky law, an agreement releasing
a race track owner from liability only
bars claims for ordinary or gross
negligence, and not for wanton or
Cahill v. Earlywine Racing, 2008 Ky.
App. Unpub. LEXIS 590 (Ky. App.
6th Circuit Court of Appeals
Under Kentucky law, one party to a
contract may agree to release the other
from liability for ordinary or gross
Donegan, v. Beech Bend Raceway
Park, Inc., 894 F.2d 205; 1990 U.S.
App. LEXIS 735