What does gross negligence mean?
On various occasions in Australia (and particularly overseas in the US and Canada) courts have had to consider the meaning of gross negligence. From these cases, it would appear that gross negligence: • Is substantially greater in magnitude and more culpable than ordinary or mere negligence – it is “very great” negligence, to be determined according to the specific circumstances of the case. • Involves a failure to exercise even a slight degree of care or diligence. • Includes, at the very least, serious disregard to an obvious risk – that is, it arises without intent to cause (serious) injury. • Does not equate to actions which are wilful or intentional. It is not necessary that conduct be deliberate or taken in contumelious disregard of anyone’s rights, provided it is sufficiently thoughtless or unprofessional. When considering gross negligence as an exception to an exclusion clause it may be useful to consider gross negligence on a spectrum of liability from the broadest concept (mo
