What is Considered Gross Negligence Under Maryland Law?
It’s probable that any Baltimore attorney who deals in both personal injury and criminal defense cases has argued the distinctions between garden variety negligence, gross negligence [and potentially recklessness] at trial. What is Considered Gross Negligence Under Maryland Law? Nice differences are likely well known to those Baltimore lawyers getting regular 5 star reviews from clients, and those subtle legal niceties are nuanced, but they can greatly effect the outcome of both civil and criminal proceedings in Baltimore.
Difference Between Simple Negligence and Gross Negligence
Gross negligence is different from garden variety negligence. Gross negligence has been defined, in some contexts, as a reckless disregard for the sanctity of human life. The wise law school professor might have said that to understand the differences, you must first understand the elements of each. “The Court of Appeals noted the distinction between simple negligence and gross negligence. The Court explained gross negligence is an intentional failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another, and also implies a thoughtless disregard of the consequences without the exertion of any effort to avoid them.”
Coit v. Nappi, 248 Md. App. 44, 239 A.3d 824 (Md. Ct. Spec. App. 2020)
Legal analysis:
“[A] wrongdoer is guilty of gross negligence or acts wantonly and willfully only when they inflict injury intentionally or is indifferent to the rights of others, that he acts as if such rights do not exist.” Id. Relying on Beall v. Holloway Johnson, 446 Md. 48, 64 (2016).
The cases point to a need for the proponent to show both willful conduct, undertaken wantonly, to amount to gross negligence. But they are not the same. For example: “ The difference between the terms “willful” and “wanton” as follows: Willful misconduct is performed with the actor’s actual knowledge or with what the law deems the equivalent to actual knowledge of the peril to be apprehended, coupled with a conscious failure to avert injury. By contrast, a wanton act is one performed with reckless indifference to its potential injurious consequences.” Id. Moreover, the term “wanton” generally denotes “conduct that is extremely dangerous and outrageous, in reckless disregard for the rights of others.” Wells v. Polland, 120 Md. App. Internal Citations omitted.
Negligence and Manslaughter By Vehicle in Baltimore
Intoxicants and automobiles are a dangerous, and potentially lethal, combination. A well-known jurist once stated that it is not illegal in this state for an adult to have a beer and drive a car. While that is true, operating under the influence often has to devastating consequences A well versed criminal defense lawyer Attorney Eric T. Kirk in Baltimore, unfortunately, knows there are certain statutory offenses relating to deaths resulting from the operation of vehicles and vessels. Manslaughter by vehicle is one such offense. One who operates a vehicle in a grossly negligent manner where death ensues, commits manslaughter by vehicle, and is subject to 10 years of imprisonment.
I extend a no-cost, no-obligation case analysis and personal, confidential conference and strategy session to all prospective clients. If you have been accused of a crime, it is vital that you act quickly to safeguard your freedom. Contact me today. 410 591 2835, or simply complete the online form at the bottom of the page.
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A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.
