Gross negligence

Gross negligence lies between ordinary negligence and intent. It means disregarding basic precautions that would have been obvious to any reasonable person in the same situation. In Swiss practice the classification is fact-sensitive: the nature of the risk, the actor’s role, professional knowledge and urgency may all matter. Gross negligence can influence the amount of liability, contractual exclusions, insurance reductions or recourse, but its legal effects depend on the applicable statutory or contractual rule.