KRYTERIA DEFINICYJNE RAŻĄCEGO NIEDBALSTWA

Abstract

The article discusses the results of a study on the judgments in which the courts ruled on the issue of gross negligence. The main goal is to identify the criteria the courts adopt for defining gross negligence. Using qualitative analysis the author classifies the criteria into categories and points to the differences between them, while performing quantitative analysis indicates the frequency of particular criteria usage in practice and analyzes statistical relationship between the categories and the criteria. In addition to the conclusions concerning the concept of gross negligence, the author offers critical comments on the formulation of justifications for judgments.