httpwebwitch - 9:27 pm on Nov 29, 2010 (gmt 0)
If the client ever knocked on my door with a lawsuit, you bet I'd be calling my lawyer. But just to know whether I'm liable for one kind of negligence or another, or whether there's even a distinction, wikipedia gives a widely encompassing definition.
So, if I conduct my business heeding the wikipedia definition, I won't go wrong. If I'm deliberately non-negligent (ordinarily) then I can't be negligent (grossly).
If I'm at risk of stepping close to the line between gross and not-gross, then a more authoritative source is warranted...
here's another definition, cited from an Encyclopaedia of American Law:
Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both. It is conduct that is extreme when compared with ordinary Negligence, which is a mere failure to exercise reasonable care. Ordinary negligence and gross negligence differ in degree of inattention, while both differ from willful and wanton conduct, which is conduct that is reasonably considered to cause injury. This distinction is important, since contributory negligence—a lack of care by the plaintiff that combines with the defendant's conduct to cause the plaintiff's injury and completely bar his or her action—is not a defense to willful and wanton conduct but is a defense to gross negligence. In addition, a finding of willful and wanton misconduct usually supports a recovery of Punitive Damages, whereas gross negligence does not.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
Acting on the side of caution (and ethical business), negligence of any flavour is something I'll avoid. But... I might be asking my lawyer to rewrite a section of my standard contract next year.
Do you have anecdotal stories of lawsuits involving liability in a web project?