Most lawsuits in Arkansas are filed because some acted negligently. However, some acts of negligence are so egregious that they do not meet the common definition of “negligence.”
When someone acts without the slightest care and injures another person, it is considered “gross negligence” in Arkansas. The courts distinguish this between “willful negligence,” which is simply gross negligence committed by someone with full awareness of their actions. Our attorneys know how to recognize each form of gross negligence and can help you argue it in your lawsuit. If the court agrees with our assessment of gross negligence, you will likely be awarded additional damages beyond the compensatory ones you are already entitled to.
Call us at (479) 316-0438 to speak with our Arkansas personal injury attorneys and receive your free case evaluation.
How Does Arkansas Define Gross Negligence?
Gross negligence is usually recognizable when you see it, but it can be challenging when the line between ordinary and gross negligence is blurred. That is why most states have a legal definition for gross negligence that distinguishes it from everyday carelessness. In Arkansas, someone commits gross negligence when they fail to use even slight care, according to the Arkansas Supreme Court in Spence v. Vaught. Compare this with Arkansas’s definition of basic negligence, which occurs when a person fails to use ordinary care.
Other states generally define gross negligence as reckless disregard or wanton and willful behavior. Arkansas’s gross negligence rule implies that the actor knew what they were doing was extremely dangerous but did not use any care whatsoever. If the defendant knew that what they were doing was extremely dangerous or the situation was such that they should have known that their act would most likely cause harm, Arkansas courts consider that “willful negligence,” according to Scott v. Shairrick. Willful negligence in Arkansas is simply gross negligence plus the additional factor that the defendant is aware of what they are doing.
Our Arkansas personal injury attorneys can review the circumstances of your accident to determine if the defendant acted with complete indifference to your safety or intended to cause you harm. All accidents seem shocking to those involved, but most are the result of common negligence where someone fails to use reasonable care. However, if the accident was caused by more than just carelessness, you will likely be entitled to more damages than those available in a typical negligence lawsuit. Get your case started today, as the more evidence of the defendant’s behavior we have, the more likely we are to prove gross negligence caused your injuries.
What Type of Conduct is Commonly Considered Gross Negligence in an Arkansas Lawsuit?
Arkansas’s gross negligence law is a bit abstract. Some common examples of it can help you get a better understanding of what gross negligence looks like when it occurs. The following are typical examples of gross negligence that our lawyers file lawsuits for in Arkansas:
Drunk and Reckless Driving
Drunk driving is arguably the most common form of gross negligence our team sees. It is no secret that driving under the influence of alcohol or drugs can lead to devastating and even deadly accidents. Drunk driving is against the law in every state, and criminal behavior that causes an accident will usually rise to the level of gross or willful negligence.
Reckless driving can also be used as grounds to claim gross or willful negligence. Most car accidents are caused by ordinary negligence, like speeding. However, the facts might show the defendant’s behavior went beyond this. For instance, speeding five to ten m.p.h. over the speed limit is probably not gross negligence. But going 15 to 20 m.p.h. over the limit would likely be considered reckless. If the driver caused an accident at this speed, our Farmington, AR personal injury lawyers would claim that they were grossly or willfully negligent. Whether the defendant was aware that their driving was reckless is irrelevant.
Medical Malpractice
Gross negligence also commonly occurs in medical malpractice cases. However, not every instance of malpractice is gross negligence. Doctors and other healthcare professionals make mistakes sometimes. If they deviated from the standard of care that someone similarly trained and experienced would have provided, they can typically be sued for negligence. If your doctor did something that virtually no doctor would do, it is likely gross negligence.
For example, a surgeon leaving instruments inside of you after completing a surgery would be considered grossly negligent. We can also show gross or willful negligence if your doctor elected a procedure they knew to be risky and concealed that risk from you for their own gain. Recognizing medical malpractice can be extremely challenging, so speak with our attorneys to determine if your injuries were the result of a healthcare professional’s gross negligence.
Products Liability
The designers and manufacturers of products have a duty to make them safe for their customers or provide warning labels and instructions if the product is inherently dangerous. However, some manufacturers might be aware that their products are dangerous and distribute them anyway so they do not lose profits. A famous example of this is the products historically sold knowingly containing asbestos.
Product liability claims are some of the most difficult since we need to show that the product’s maker failed to use even slight care or knew of the danger. Our team will investigate the product’s supply chain to build evidence that its producer had to know it was dangerous and should not have put the product on the market.
Will the Court Award Additional Damages in Cases of Gross Negligence in Arkansas?
It is important to determine the degree of negligence in your case because you will be entitled to additional damages if the defendant is found to have committed gross negligence. According to Ark. Code. § 16-55-206, “punitive damages” can be awarded if the defendant knew or should have known that their conduct would cause injuries and recklessly disregarded it, or malice can be inferred from their actions. The court will also award punitive damages for intentionally causing injuries.
Punitive damages are awarded in addition to your financial damages. Thus, they are not considered part of your compensation. Instead, punitive damages are a punishment for the grossly negligent behavior of the defendant committed. It acts as a deterrent so the defendant does not do it again and as a warning to others who might behave the same way in the future.
However, punitive damages might be capped. Under § 16-55-208(a), punitive damages are limited to $250,000, or three times the amount of your compensatory damages up to $1,000,000. Still, the court can decide on its own not to limit these damages if there is clear and convincing evidence that the defendant intentionally injured you or did, in fact, harm you, as per § 16-55-208(b).
Our Arkansas Personal Injury Lawyers Can Help
For a free case review with our Springdale, AR personal injury lawyers, contact us by calling (479) 316-0438.