degree of negligence

degree of negligence. One of the varying levels of negligence typically designated as slight negligence, ordinary negligence, and gross negligence. See NEGLIGENCE. [Cases: Negligence 272–276. C.J.S. Negligence §§ 88–113.]

“Although the common law concept of degrees of negligence has been criticized or repudiated in many jurisdictions, the usefulness of the view at common law that degrees of negligence exist is still recognized in a number of jurisdictions, particularly in regard to the distinction between ordinary and gross negligence. Furthermore, legislators have not been dissuaded from using the degrees of negligence concept when it is helpful to achieve a legislative purpose.” 57A Am. Jur. 2d Negligence § 233, at 274 (1989).


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