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Glossary · Negligence Law

Gross Negligence

Gross negligence, in Texas, is more than carelessness: it requires an act or omission involving an extreme degree of risk, of which the defendant had actual, subjective awareness — and proceeded anyway with conscious indifference to others’ rights, safety, or welfare.

Negligence Law

What “Gross Negligence” Means

Gross negligence, in Texas, is more than carelessness: it requires an act or omission involving an extreme degree of risk, of which the defendant had actual, subjective awareness — and proceeded anyway with conscious indifference to others’ rights, safety, or welfare. It’s the gateway to exemplary (punitive) damages.

Why It Matters in Your Texas Case

Gross negligence is pleaded where the conduct earns it: drunk driving; carriers dispatching fatigued drivers past legal hours; properties ignoring documented dangers until someone falls or is attacked; safety rules skipped to save money. Proving the “actual awareness” element takes discovery — internal emails, prior complaints, budget decisions — and McKay Law digs for exactly that record, because exemplary exposure changes settlement math and, more importantly, names the wrong for what it was.

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