Ordinary Negligence vs. Gross Negligence: What’s the Difference?

Accidents happen every day. A slip on a wet floor. A crash at an intersection. A mishap at work. But when it comes to legal responsibility, not all accidents are viewed the same. Especially not under Texas law.

If you’re hurt because someone wasn’t careful, the law might call that ordinary negligence. If the behavior was extreme or reckless? That could rise to gross negligence. And that difference matters—a lot.

So, what is ordinary negligence? And how is it different from gross negligence? Let’s take a closer look at these important legal concepts and how they can affect your case.

What is ordinary negligence?

At its core, ordinary negligence happens when someone fails to use reasonable care, and that failure causes harm. In Texas, the law expects everyone to act as a “reasonably prudent person” would under similar circumstances. When they don’t, and someone gets hurt, it’s considered ordinary negligence.

Here’s the ordinary negligence definition you’ll often see in legal claims:

“The failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.”

In simpler terms? It’s being careless, but not reckless.

Here we define ordinary negligence with an ordinary negligence example: Imagine a driver who’s checking their GPS and rear-ends another car at a stoplight. They didn’t mean to cause harm. They just weren’t paying close enough attention. That’s ordinary negligence.

Under Texas law, a claim for ordinary negligence usually requires proving four elements:

• Duty (the defendant had a responsibility to act carefully)
• Breach (they failed to meet that responsibility)
• Causation (their breach caused the injury)
• Damages (the injury resulted in measurable harm)

Without all four? The case may not stand.

What is gross negligence?

Now, let’s talk about gross negligence, a much more serious issue.

The gross negligence definition under Texas law (specifically, Texas Civil Practice & Remedies Code § 41.001) says that it involves:

“An act or omission 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.”

In short, what is gross negligence? It’s more than just carelessness. It’s an act that shows an obvious, extreme disregard for the safety and welfare of others.

The classic example is drunk driving. A driver who gets behind the wheel while intoxicated and harms another person demonstrates an extreme disregard and even a conscious indifference regarding the safety of others. In these cases, someone knew their actions could cause serious harm, and they chose to behave that way anyway.

Importantly, proving gross negligence can open the door to punitive damages, which Texas refers to as exemplary damages. These are extra damages meant to punish wrongdoers and discourage similar behavior. As the statute defines them, exemplary damages are “damages awarded as a penalty or by way of punishment but not for compensatory purposes.  Exemplary damages are neither economic nor noneconomic damages. ‘Exemplary damages’ includes punitive damages.”

Ordinary negligence vs. gross negligence: key differences

So, where’s the line? How do you tell the difference between ordinary negligence vs. gross negligence?

Let’s break it down:

Ordinary Negligence	Gross Negligence
Failure to exercise reasonable care	Reckless disregard for the safety of others
Minor mistakes or lapses in judgment	Serious, extreme risk to others
Only compensatory damages (medical bills, lost wages, etc.)	Compensatory + possible punitive damages

One major distinction between gross negligence vs. ordinary negligence is intent. While ordinary negligence is accidental, gross negligence suggests the person knew their actions were dangerous and acted anyway. Although gross negligence doesn’t require an intent to harm, it means the person knew there was a serious risk and chose to ignore it anyway.

Why the difference matters in a Texas personal injury case

When you file a personal injury lawsuit, the type of negligence involved can drastically change the value and strategy of your case.

If your claim is based on ordinary negligence, you’re asking for compensation tied to your actual losses, like hospital bills, rehab costs, lost incomes, and pain and suffering.

But if gross negligence is involved? Suddenly, punitive damages are on the table. These are meant to punish bad behavior and deter others from doing the same thing. They aren’t tied to your losses—they’re extra. And in Texas, punitive damages can sometimes be substantial.

There’s a catch, though. Texas law (Texas Civil Practice & Remedies Code § 41.003) sets a high bar for punitive damages. You must prove gross negligence by “clear and convincing evidence,” not just by a simple majority of the evidence. And you must show that:

• The act objectively involved an extreme risk of harm
• The defendant knew about the risk, and still proceeded with conscious indifference

Proving this by the appropriate standard is challenging. That’s why it’s so important to have an attorney who knows how to spot when ordinary negligence crosses the line into something worse, and is ready to build a claim that proves it.

Examples of ordinary and gross negligence in Texas

Let’s look at a few quick Texas-based examples.

Ordinary negligence example:

• A restaurant forgets to replace a burned-out lightbulb in a dim stairwell. A customer trips and falls.
• A driver doesn’t use their blinker when changing lanes and sideswipes another vehicle.

Gross negligence example:

• A company knows its amusement park ride has mechanical issues but keeps it operating anyway.
• A bar continues to serve a visibly intoxicated patron, who later causes a deadly accident.

In both types of negligence, people get hurt. But with gross negligence, the conduct is far more dangerous and often infuriating.

And proving gross negligence can make all the difference when it comes time to settle or go to trial.

Understanding your rights after an accident

When you’ve been injured, knowing whether you’re dealing with ordinary negligence or gross negligence isn’t just a legal technicality. It can shape your entire case, from the damages you can seek to how aggressively your lawyer builds your claim.

The difference between negligence and gross negligence often comes down to how extreme the defendant’s behavior was and whether they acted with disregard for your safety.

If you’re asking yourself questions like “What is ordinary negligence?” or “Could my accident qualify as gross negligence?”, you’re not alone. These aren’t always easy lines to draw.

Texas law holds people accountable for both types of negligence, but gross negligence can lead to even more serious consequences. Understanding your rights is crucial, and acting quickly protects those rights.

To learn more about the difference between ordinary negligence and gross negligence, and how these issues could affect your personal injury case, call Pat Maloney: Accident & Injury Attorney, or complete our online contact form to schedule a free consultation. We handle Texas personal injury claims on a contingency fee basis, meaning you don’t pay unless we recover for you.