Legal Question in Personal Injury in Iowa

What is the definition of \\\"gross negligence,\\\" with regards to suing or filing a claim against a municipality for matters considered \\\"exempt\\\" unless gross negligence exists?\n\n\n(retrying - changed email spam controls to accept email response)


Asked on 7/29/09, 2:41 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Gross negligence involves a combination of attitudes: a realization of imminent danger, coupled with a reckless disregard or lack of concern for the probable consequences of the act. Both "wanton" and "willful" misconduct are reckless disregard for the safety of another and it is distinguishable from intentional misconduct only in that it requires a realization of a strong probability of harm to another rather than the substantial certainty accompanying an intentional act. There is difference between willfulness, characterized by intent to injure, and wantonness, which merely implies an indifference as to whether the act will injure another. Wantonness is said to be less blameworthy than an intentional wrong only in that instead of affirmatively wishing to injure another, the actor is merely willing to do so.

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Answered on 8/03/09, 3:52 pm


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