GROSS NEGLIGENCE
Gross negligence is “the lack of any care or an extreme departure from what a reasonably careful person would do in the same situation to prevent harm to oneself or to others.” (See CACI 425). Proving gross negligence becomes vital in situations where one is injured participating in an activity or at a location that requires a “waiver”. The law provides that waivers do not apply to activity that is found to be grossly negligent. Just because you signed a waiver it does not mean that you have no right to recourse or compensation. It is crucial that you contact an attorney to discuss your options as soon as possible.