Schrier Law Group logo
Our Law Firm is
Celebrating 36 Years!
Spain Flag
Russia Flag
Creole Flag
Call Us For A Free Evaluation

The Difference Between Negligence and Gross Negligence in Construction Accidents


A construction worker flagging down first aid services for his coworker who has been hurt on the job.

Construction sites and work zones present hazards for both workers and bystanders alike. When something goes wrong, and you are hurt, you have the right to file a lawsuit against those responsible and seek compensation. In Florida, such a claim would need to be brought within two years of the date your injury accident occurred.

Most of these claims are premised on negligence. When someone acts negligently, they are responsible for the harm and losses they cause to others. However, sometimes negligence does not accurately describe the actions and mindset of the person liable. In these cases, you may choose to bring a lawsuit and allege the other person committed an act of gross negligence.

Gross Negligence and Negligence Distinguished

To say that someone acted negligently is to say that they acted in a careless manner. A negligent person is someone who did not adequately consider their surroundings and actions and instead acted impulsively. Someone who acts negligently fails to take other people’s safety into account despite knowing the risks associated with their behavior.

Negligence requires a judge or jury to consider the facts of the situation and the person accused of negligence. For instance, a person’s age, training, and education would all be taken into account by a judge or jury when deciding if that person was negligent.

If a reasonably careful person with a similar background and in a similar position as the person would not have done what the person did, then the individual in question was negligent.

For instance, a young apprentice roofer accidentally drops a tool from the roof, and it hits your head, causing injury to you. This young roofer would not be held to the same standard of carefulness as an older roofer with years of experience under their belt.

The relevant question would not be, “How would a reasonably careful roofer secure their tools to avoid a construction accident?” but instead, “How would a reasonably careful experienced roofer or apprentice roofer secure their tools while on the job?”

Gross Negligence Defined

As the term implies, gross negligence is something above and beyond simple carelessness or thoughtlessness. It involves actions that go above and beyond simply failing to be careful enough under the circumstances. Whether an action or an omission by a person constitutes negligence or gross negligence is often a matter for the judge or jury to decide.

Gross negligence requires there to be a more conscious, almost intentional, decision not to act carefully. The risk of injury to others is likely obvious when a person’s actions are considered grossly negligent. A ruling of gross negligence indicates that the person’s decisions communicated a lack of concern for the safety of other people.

For example, consider a roofer who tries to put a tool back in his toolbelt quickly and drops the hammer on another roofer. This roofer might be considered negligent for not paying attention to what they were doing the moment they dropped their hammer.

Now, suppose that same roofer placed their hammer down on the edge of the roof, where it was partially hanging off of the roof. Knowing this, the roofer went back to work and did not move the hammer. When it falls after being knocked over the side of the roof, the worker may be considered grossly negligent.

Gross Negligence Can Lead to Punitive Damages

Both negligence and gross negligence share many commonalities. Both require the judge or jury to consider what similarly situated individuals would do under similar circumstances. Successfully proving both negligence and gross negligence can lead to a damages award that compensates you for your medical costs, lost wages, and other losses.

However, proving that the person who caused your construction accident acted grossly negligently opens the door for you to recover punitive damages. This possibility can make alleging gross negligence in your construction accident suit more appealing than simply alleging negligence.

Punitive damages in Florida go above and beyond any compensatory damages you receive. This type of damages can be awarded in order to punish the party that harmed you. However, your punitive damages award is tied to the value of other compensation you receive.

Where to Find Help for Your Construction Accident Claim

Look no further than Schrier Law Group for experienced advocacy and representation following a Florida construction accident. Our firm will thoroughly investigate your construction accident incident and help you pursue the compensation the law entitles you to receive.

Contact our office today and request a consultation with us to discuss your lawsuit and get on the path to recovering compensation.

Read Our Reviews

Schrier Law Group is rated 5 out of 5.0 stars based on 22 review(s).


My name is David and I’ve been represented by mr. Schrier law firm twice in my life and I got nothing more then good things to say about them they are very professional and they really Take their clients I really recommend them every time I called them they were always there for me especially the attorney he’s very professional and he got me the money did I deserve by representing me and fighting for me I will use their services again them no questions asked if I ever need them to me they are the best God bless them all

David Cuello


The firm is super professional and handled my husbands vas amazingly. I should refer them to some in need of an attitude.

Isabel Sabrina De Ramirez


The Schrier Law Group are hands down the best and should be your go to for all your legal troubles. They are such professionals; efficient, persistent and don’t take no for an answer. Thank you so much Chatriece, Geissie, Paul & everyone at Schrier Law Group for your patience and making my win possible!

Marika Ford


Shrier Law Group extremely thorough. A really caring Law Firm. My previous lawyer sat on my case for 2 years did nothing with it by chance came across Mr Paul schreier firm and explaining my case he noticed I was not hopeful but he was able to encoirage me and was able to resolve my case within a year I'm so grateful for Mr Paul Schrier and Mrs Chatrice. They go above and beyond. 20⭐

West Jean


I must say that Mr. Schrier was there when we needed immediate advice after my wife got rear-ended by an unlicensed speeding lunatic. We called a handful of attorneys in our area, but after waiting 2- 5 days they would drop her case. We found Mr Schrier online and he explained the pros/cons and he took the case. We waited patiently, and in time he was able to tracked down the actual owners of the car and get their auto insurance info!

Gerard Avalos


The firm pays close attention to locating every possible insurer liable for my injuries. They return my calls in 24-48 hours. Friendly staff who care.

Mr K


Attention to detail with the different insurance coverages. Returned my phone calls, which is very important.

David Kuczenski


Mr. Paul Schrier is by far the best attorney for the job! He is very responsive, knowledgeable, and very efficient. Despite my very busy schedule, he kept me informed throughout the process. I am very please with the outcome of my case. The customer service I received from the entire team has been amazing! Thank you all so much!

Ms. Jean


Not only did I get a phenomenal attorney to represent me in my case, but I also got a step by step education on how the legal process actually worked. I was encouraged to ask questions and be an informed client. I was never treated like a case. I truly felt like the advice and recommendations he gave to me would have been the same he would have pursued if he were the client. That was important to me. I needed to work with an attorney I could trust with my best interest in mind...and that is what I got with Paul Schrier.

Juan Rodriquez


I was involved in an auto accident in January 2016. We decided to contact Paul K. Schrier, PLLC for legal advice. He never got annoyed with me calling to ask questions, which was quite often. We have finally reached the final stages of this case, which they handled very well, and have come to a settlement. I highly recommend the Florida personal injury attorneys at The Law Offices of Paul K. Schrier, PLLC, especially Paul K. Schrier to any one who needs a personal injury attorney. Thank you very much Paul for everything you have done do me.

Martin Tyler


I called to ask some question about a car accident I was in. I spoke to Paul who was very helpful, honest and professional. It seems that he really care about clients. I appreciate all that Paul did and would certainly recommend to anyone who needs an attorney.

Mark Anderson


Best attorney around , I went through a lot of different ones before finding his law firm very professional and they make sure you get paid what you deserve, highly recommend.

Braulio Duran


Thank Paul for everything your personal injury law firm has done for my case as well as my daughter. Thanks for all the hard work and attention. Thanks again!

Maria Jaz


This is one of the best law office in Miami come in and check them out great people

Rowdy Martinez


Best attorney in South Florida

Fefe Alex


Was a wonderful experience getting through a tough process!

Edward Pawley


Both my wife and I feel grateful for the treatment and the professionalism of the staff. Maritza is great doing her job. It is the second time that I request your services and we are pleased and grateful. Many blessings to this Law Firm

Reynier Perez


Awesome wonderful patient Intelligent thoughtful Paul is the best

Theresa Caprice Caprioli


Thank you so much for going above and beyond what I had ever anticipated. It was truly a pleasure to work with you all, especially Chatrice. I will most definitely refer The Schrier Law Group to my family and friends.

Cat Breen


The Schrier LG is an excellent firm! They accepted my case, provided me with all the procedural information, maintained a high level of professionalism while showing kindness and care. The doctor's office that they suggested is another group of kind and considerate individuals, dedicated to my full recovery. I would recommend the Schrier Group to friends, just as they were recommended to me. I am happy with my settlement and very pleased with the attention and diligence of the group as a whole. Thank you again!

Michaela Davis


Schrier Law Group is the best.

Chatrice Telfort


Great job! I loved working with Paul.