What is reckless or grossly negligent conduct?
Reckless conduct is conduct that constitutes a blatant departure from what a reasonable person would do under the same or similar circumstances and typically involves a substantial, unjustifiable risk of harm to others with a conscious or deliberate indifference to that risk. Under Texas law, gross negligence “means more than momentary thoughtlessness, inadvertence, or error of judgment. It means such an entire want of care as to establish that the act or omission in question was the result of actual conscious indifference to the rights, welfare, or safety of the persons affected by it.” (PJC 4.2A).
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