New York courts always look at the severity of certain actions under the law. These will involve three terms known as negligence, gross negligence, and willful misconduct in NY law.
New York willful misconduct laws are different from negligence and gross negligence. Willful misconduct tends to be a part of indemnity or insurance agreements. Mazzu Law is dedicated to providing comprehensive legal services in New York with experience in handling cases related to willful misconduct. In this blog post, we discuss the laws involving willful misconduct and how they differ from gross negligence in New York courts.
Understanding Willful Misconduct
The willful misconduct definition New York follows is when a person is aware of the consequences of injuring another and does nothing to adjust their behavior to avoid those consequences. In other words, they conduct themselves in a manner that has the potential to hurt someone else and do so willingly.
This differs from willful conduct in that willful misconduct isn’t necessarily malicious. It’s more about conduct that disregards known rules. The definitions of these terms of conduct can be confusing, which is why it may be best to look at a few examples to demonstrate how New York courts view willful misconduct.
In the business world, these obligations can be illustrated by looking at a bar owner who allows more patrons into their establishment than permitted by the fire code. They know the risk of taking this action, but choose to do so anyway. Guests become injured when a small fire breaks out because they struggle to get out safely.
It goes beyond negligence with this type of conduct simply because the owner knew the risk and the danger that could arise by taking that risk. Negligence and willful misconduct are closely related, but there is a substantive difference between the two, and in NY, this breach could mean more than liability. It could mean punitive damages are awarded to the injured parties in court.
For someone with a contract or employment at a company, willful misconduct could be ignoring legally required safety mandates. If your employer is engaging in similar behavior, it is vital that you discuss your situation with a Buffalo workplace injury lawyer.
How Does Willful Misconduct Differ from Gross Negligence?
Citing Black’s Law Dictionary, the terms gross negligence and willful misconduct are distinct based on the severe degree of negligence and reckless disregard for the safety of others. Gross negligence and willful misconduct both hinge on negligence but it is easier to see the differences between the defined negligence terms of gross negligence and willful misconduct via an example.
A driver may speed in a school zone, resulting in running down school children who become injured or are killed as a result of this grossly negligent behavior. Gross negligence and willful misconduct terms are similar but different. All three terms of varying negligence can also be evident in contracts and any other type of agreement in business. An attorney can help you understand the defined negligence terms and whether or not they apply to your circumstances.
The Legal Consequences of Willful Misconduct in NY
In New York, the standard clauses of defined negligence may result in legal consequences. The consequences will vary widely, depending on the circumstances.
As an example, a professional engaging in this type of misconduct can face liability through a civil suit in the courts while losing their professional license. An employee who breaks the contract of their work specifications may be banned from collecting unemployment benefits. Punitive damages will likely be sought in court by the injured or harmed parties.
How Mazzu Law Can Help You with Willful Misconduct and Gross Negligence
In personal injury cases, the wronged party, known as the plaintiff, has the burden of proof. Cases that involve willful misconduct or gross negligence have a higher burden as it must be shown that the defendant went beyond ordinary negligence with their behavior.
In the courts, these cases can be complex as you’ll need to establish a duty of care, breach of duty, causation, and damages. Having an attorney can help you prove liability to the courts for the involved parties. At Mazzu Law, we will help to strengthen your case for willful misconduct to fight for punitive damages. If you are currently struggling with a possible case that involves these levels of negligence, contact us today to schedule a free consultation to determine your next steps.