Parsing Negligence Vs. Gross Negligence In New Jersey
Law360, New York (September 14, 2016, 10:20 AM EDT) -- The New Jersey Supreme Court recently provided guidance regarding the nebulous but important distinction between ordinary negligence and gross negligence. The often subjective distinction between ordinary negligence and gross negligence can have significant implications for defendants in personal injury lawsuits, as it may eviscerate the protection of liability waivers. In Steinberg v. Sahara Sam's Oasis LLC, __ N.J. __ (Aug. 23, 2016), the New Jersey Supreme Court reversed the Appellate Division's decision and reinstated the plaintiff's gross negligence claim, finding that a rational fact-finder could conclude that the proximate cause of the plaintiff's injuries was the gross negligence of Sahara Sam's....
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