This articles has been written by Ms. Khyati Kanoje, a student studying B.A.LL.B (H.) from Narsee Monjee Institute of Management, NMIMS, Indore. The author is a 3rd year law student. 

Negligence

Negligence is a fundamental concept in Indian law, particularly in the area of tort law. In Indian law, negligence is a breach of duty that results in harm to another person. Negligence can arise in many contexts, including medical malpractice, motor vehicle accidents, and premises liability.

To establish a claim of negligence under Indian law, the following elements must be proved:

• Duty of care: The defendant owed a duty of care to the plaintiff.
• Breach of duty: The defendant breached that duty of care.
• Causation: The defendant’s breach of duty caused the plaintiff’s harm.
• Damages: The plaintiff suffered actual damages as a result of the defendant’s breach of duty.

In determining whether a duty of care exists, the court will consider the relationship between the parties, the foreseeability of harm, and public policy considerations. If a duty of care is established, the court will then determine whether the defendant breached that duty by failing to act as a reasonable person would have in the same circumstances.

Causation requires a direct link between the defendant’s breach of duty and the plaintiff’s harm. If the defendant’s actions did not cause the plaintiff’s harm, there can be no finding of negligence.

Finally, damages must be proved to recover compensation for the plaintiff’s losses. Damages can include both economic and non-economic losses such as medical expenses, lost wages, pain and suffering, and emotional distress.

In conclusion, negligence is a critical concept in Indian law that plays a significant role in determining liability for harm caused to another person. To establish a claim of negligence, the plaintiff must prove that the defendant owed a duty of care, breached that duty, caused the plaintiff’s harm, and that the plaintiff suffered damages as a result.

Under Indian jurisprudence, negligence has been defined as the failure to exercise reasonable care or skill, which results in injury or damage to another person. The Supreme Court of India has held that negligence is the breach of a duty caused by the omission to do something which a reasonable person would do, or doing something which a prudent and reasonable person would not do.

The Indian courts have also recognized different types of negligence, such as medical negligence, professional negligence, and gross negligence. Medical negligence, for example, occurs when a healthcare professional fails to provide adequate care, resulting in harm to a patient. Professional negligence may arise when a professional fails to meet the standards of care expected of their profession. Gross negligence refers to a higher degree of negligence where the conduct is so reckless or indifferent that it goes beyond ordinary negligence.

In addition, Indian law also recognizes the concept of contributory negligence, which occurs when the plaintiff’s own negligence contributes to their injuries. In such cases, the plaintiff’s recovery may be reduced based on their degree of fault.

Overall, the concept of negligence is well-established in Indian jurisprudence, and plays a significant role in determining liability in tort cases.

Gross Negligence

In Indian legal system, gross negligence refers to a higher degree of negligence that goes beyond ordinary negligence. Gross negligence is conduct that is so reckless or indifferent that it amounts to a willful disregard for the safety and well-being of others. It is a higher degree of negligence that is characterized by a complete disregard for the consequences of one’s actions.

Under Indian law, gross negligence can result in a finding of liability for damages, particularly in cases involving personal injury or death. The standard of care for gross negligence is higher than that of ordinary negligence, and a person who engages in grossly negligent conduct can be held liable for the full extent of the harm caused, including punitive damages.

Examples of conduct that may constitute gross negligence include driving a vehicle while under the influence of alcohol or drugs, disregarding safety regulations in the workplace, and performing a medical procedure without proper training or equipment. In such cases, the defendant’s conduct is so egregious that it goes beyond mere negligence, and may result in more severe penalties and damages awards.

Examples of Negligence

• A driver who fails to check their blind spot and causes an accident.
• A store owner who fails to clean up a spill on the floor, leading to a customer slipping and falling.
• A doctor who fails to properly diagnose a patient’s condition, leading to further complications.
• A landlord who fails to maintain a safe and habitable living environment for their tenants.
• A manufacturer who fails to properly label a product, leading to injury or harm to a user.

Examples of Gross Negligence

• A driver who is excessively speeding and weaving in and out of traffic, leading to a serious accident.
• A store owner who knowingly leaves a broken staircase unrepaired, resulting in a customer falling down the stairs and sustaining serious injuries.
• A doctor who performs a surgery they are not qualified to do, leading to serious complications and harm to the patient.
• An employer who disregards safety regulations in the workplace, resulting in a worker being seriously injured or killed.
• A food manufacturer who knowingly sells products contaminated with dangerous bacteria, resulting in illness or death to consumers.

Overall, gross negligence involves a greater degree of recklessness or indifference than ordinary negligence, and may result in more severe penalties and damages awards.

Similarities

Both negligence and gross negligence include falling below an acceptable threshold of care, with disastrous consequences for others. Both sorts of behavior put others at danger and can lead to financial penalties for the offender.

In all scenarios, the defendant’s actions fall below an acceptable threshold, giving rise to the possibility that the injured party will be awarded damages. Accidents on the road, in the hospital, or in the office can all be examples of negligence or even gross negligence.

How are they governed in India

The law of torts in India is largely founded on English common law ideas, and it is these principles that govern negligence and gross negligence. Torts are civil wrongs in which one party causes hurt or injury to another by violating a duty due to them.

In tort law, negligence refers to a failure to take reasonable precautions that ends in hurting someone else. Cases involving negligence are generally handled by common law, with statutory laws such the Indian Contract Act, 1872 and the Consumer Protection Act, 2019 providing further guidance.

When someone shows a “gross” amount of carelessness, they show a total lack of concern for the well-being of those around them. The law of torts also applies to cases of severe negligence in India, although in these cases, punitive penalties may be awarded to serve as a deterrent.

The Indian Penal Code, 1860 may also impose criminal culpability for acts of negligence or gross negligence if they cause someone’s death or serious bodily harm. Punishable offences under the IPC include causing death or grievous bodily harm by reckless or careless behaviour.

In India, both ordinary and extreme carelessness fall under the umbrella of tort law, with criminal responsibility possible in some circumstances.

Difference

In conclusion, negligence is defined as a lack of reasonable care that leads to harm, while gross negligence is defined as an even worse degree of negligence with a conscious disregard for the rights and well-being of others. There is a higher bar of care that must be met before a court would award damages for gross negligence.