Differences Between Negligence and Gross Negligence in Texas

Texas law clearly distinguishes between negligence and gross negligence. Under Texas law, negligence occurs when a person fails to exercise the degree of care that a reasonably prudent person would have used under same or similar circumstances. For instance, a driver who fails to stop at a red light because they were distracted by their phone, resulting in a collision with another vehicle illustrates ordinary negligence because it represents a failure to use reasonable care in a common situation.

The key distinction between negligence and gross negligence lies in the mental state of the actor. While ordinary negligence involves a failure to use reasonable care, gross negligence requires that the individual was aware of the risk but did not care about the consequences of their actions. Gross negligence has a higher threshold and involves both objective and subjective components. A common type of gross negligence claim often arises in workplace safety cases, particularly in industries with inherent dangers like construction or manufacturing. For example, a construction company failing to provide proper safety equipment or training for workers operating at heights.

For over 75 years, Abraham Watkins has successfully represented injured people and families who fall victim to catastrophes. Our attorneys have the knowledge, experience, and resources necessary to obtain just compensation for our clients. If you or someone you know has been injured or killed as the result of negligence or gross negligence, it is important to understand your right to recover. Our attorneys at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner have the knowledge, experience, and resources necessary to obtain just compensation their clients. Call us today at 713-222-7211 or 1-800-870-9584 for your free consultation.