Gross Negligence Or Recklessness

JurisdictionMaryland

VI. Gross negligence or recklessness

Gross negligence is also referred to as recklessness. It is also referred to as criminal negligence or negligence when those terms mean gross negligence or recklessness. MPC § 2.02(2)(c). Gross negligence is a general intent mental state, which is a combination of subjective fault and objective fault. MPC § 1.13(14); LaFave, supra § 5.4(b), at 280.

A. Components

The subjective fault portion of gross negligence consists of the defendant's conscious disregard of a substantial and unjustified realized risk. This is the "gross" part of gross negligence. MPC § 2.02(2)(c). The objective fault portion of gross negligence exists when the defendant's conduct is a gross deviation from a reasonable person standard of care. This is the "negligence" part of gross negligence.

B. Standard

Gross negligence is a wanton and...

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