The Difference Between Negligence and ‘Gross Negligence’ in Florida Law

Accidents happen every day across Florida — from car crashes on I-95 to A1A to slip and fall injuries in grocery stores, to construction accidents, dog bites, and negligent security claims. In many of these cases, the legal question isn’t whether someone was responsible, but how they were responsible.

You’ve likely heard the terms negligence and gross negligence, but understanding the difference is crucial. These two legal standards can dramatically affect the compensation available in a personal injury case — and in some situations, they can even open the door to punitive damages.

At Kogan & DiSalvo, we help injured individuals understand these concepts so they can make informed decisions and pursue the justice they deserve.

What Is Negligence Under Florida Law?

Negligence is the foundation of most personal injury claims. In simple terms, negligence happens when:

1. Someone owes a duty of care,
   
2. They fail to act as a reasonably careful person would, and
   
3. That failure causes injuries or damages.

It’s the legal way of saying someone was careless.

Examples of negligence include:

• A driver texting behind the wheel and rear-ending someone
  
• A store failing to clean up a spill in a reasonable time
  
• A property owner ignoring loose stairs or broken handrails
  
• A dog owner not securing their pet
  
• A nursing home failing to monitor a resident
  
• A business not fixing a known safety hazard
  

Negligence makes a person or company financially responsible for the injuries they cause.

What Is Gross Negligence?

Gross negligence goes beyond carelessness. In Florida, it means:

A conscious disregard for the safety of others— behavior so reckless that it shows a complete indifference to human life or the consequences.

It’s not just failing to be careful; it’s ignoring obvious risks or acting with extreme recklessness.

Examples of gross negligence include:

• A driver operating a vehicle at 100 mph through a residential area
  
• A business intentionally disabling safety features on a machine
  
• A property owner ignoring repeated reports of dangerous conditions
  
• A trucking company forcing fatigued drivers to exceed federal hours-of-service limits
  
• A doctor performing a procedure while intoxicated
  
• A care facility knowingly leaving residents unsupervised around serious hazards
  

Gross negligence is rare compared to ordinary negligence, but when it occurs, it can change the entire nature of a personal injury case.

Why the Difference Matters

The distinction between negligence and gross negligence matters because it affects:

• Liability
• Potential damages
• Insurance coverage
• Punitive damages eligibility

Let’s explore how.

1. Higher Compensation May Be Available in Gross Negligence Cases

In standard negligence cases, victims may recover:

• Medical expenses
  
• Lost wages
  
• Future earnings
  
• Pain and suffering
  
• Property damage
  

But when gross negligence is involved, the law may allow for punitive damages — which are meant to punish especially dangerous behavior and deter others from doing the same.

Punitive damages are not available in ordinary negligence cases.

2. Insurance Companies Treat These Cases Differently

Insurers often deny gross negligence claims because the stakes are higher. In some cases, insurance policies explicitly exclude coverage for acts considered “intentional” or “grossly negligent.”

That means:

• The insurer may fight harder
  
• Liability disputes are more aggressive
  
• Settlement negotiations become more complex
  

This is where having an experienced attorney like Kogan & DiSalvo becomes essential.

3. Gross Negligence May Override Liability Waivers

Florida law allows many businesses — like gyms, theme parks, water sport rentals, and recreational facilities — to use liability waivers. These agreements attempt to protect companies from lawsuits if someone gets hurt.

However, waivers do not protect against gross negligence.

For example, if a jet-ski rental company in Fort Lauderdale knowingly gives a malfunctioning jet ski to a customer, causing an accident, a waiver likely won’t protect them.

Real Florida Examples of Negligence vs. Gross Negligence

Negligence:

A Boca Raton grocery store fails to notice a spill for 15 minutes, causing a slip and fall.

Gross Negligence:

A store receives three reports of the same spill over an hour and ignores them.

Negligence:

A driver glances at their GPS and drifts out of their lane.

Gross Negligence:

A driver races another vehicle at 90 mph on US-1 or the Florida Turnpike.

Negligence:

A nursing home understaffs a shift, resulting in delayed care.

Gross Negligence:

A nursing home knowingly leaves a resident with dementia unattended near an exit, leading to a preventable injury.

These examples show how intent and recklessness elevate a case to gross negligence.

How Courts Determine Gross Negligence

Florida courts examine several factors, including:

• The seriousness of the danger
  
• Whether the person or company knew about the risk
  
• If they had time and ability to correct it
  
• Whether safer alternatives were available
  
• The predictability of harm
  
• Prior similar incidents
  

Gross negligence typically requires clear evidence of reckless disregard.

Proving Gross Negligence Requires Strong Evidence

Evidence may include:

• Surveillance video
  
• Witness statements
  
• Prior complaints or violation reports
  
• Expert testimony
  
• Maintenance or safety logs
  
• Accident reconstruction
  
• Internal emails or memos
  
• Safety inspection results
  

At Kogan & DiSalvo, we investigate aggressively to uncover evidence of reckless behavior.

We’re here to help you understand your rights. Let’s talk.

Kogan & DiSalvo has fought for Florida injury victims for decades — and we’re ready to fight for you.

Can You Receive Punitive Damages for Gross Negligence?

Yes — but only in cases where:

• The conduct was intentional, or
  
• The conduct was grossly negligent
  

Punitive damages are meant to punish dangerous behavior, and Florida law requires clear and convincing evidence before awarding them.

Punitive damages are more likely in cases involving:

• Drunk driving crashes
  
• High-speed reckless driving
  
• Long-term safety violations
  
• Nursing home abuse or neglect
  
• Product manufacturers ignoring known dangers
  
• Serious doctor misconduct
  

Punitive damages can significantly increase total compensation.

Does Gross Negligence Affect Comparative Fault?

Florida follows a modified comparative negligence system. You can recover damages as long as you are 50% or less responsible for the accident.

In gross negligence cases, defendants often argue the victim is partially at fault to avoid responsibility.

That’s why skilled representation is crucial — we work to protect your rights and ensure blame is placed where it belongs.

How Kogan & DiSalvo Helps Clients in Negligence and Gross Negligence Cases

Our legal team:

• Investigates the cause of the accident
  
• Identifies whether negligence or gross negligence applies
  
• Collects evidence to support your claim
  
• Works with experts to analyze what went wrong
  
• Negotiates with insurers
  
• Prepares every case as if it will go to trial
  
• Fights for full compensation, including punitive damages when available
  

Whether your injuries stem from a car accident, slip and fall, truck crash, defective product, nursing home neglect, or a catastrophic injury, we are here to help.

Call Kogan & DiSalvo Today

If you were injured because of someone’s careless — or reckless — behavior, you do not have to face the situation alone. Understanding whether negligence or gross negligence applies is critical to maximizing your compensation.

Call Kogan & DiSalvo today to schedule your free consultation. Your recovery starts with a call — and when results matter, we deliver.