Slight Negligence

There are three types of negligence, Slight Negligence, Ordinary Negligence and Gross Negligence.  The only one that's important for this discussion is Slight Negligence but it is a concept that is better understood when compared to Ordinary and Gross Negligence.

Ordinary Negligence is the neglect of a person or company to exercise an ordinary degree of care.  For example, it is ordinary negligence when someone is rear-ended by another driver who was talking on their cell phone and not paying proper attention to the vehicle ahead.  This neglect to drive safely is negligence.  This negligence is "ordinary" negligence.  In ordinary negligence there is an ordinary standard of care and the requirement that a person exercise an ordinary degree of care to avoid injuring others.

Gross Negligence is the failure to use even the slightest amount of care in a way that shows recklessness or willful disregard for the safety of others.  A plaintiff must prove that the defendant was so reckless as to constitute a willful act.

Slight Negligence requires a person or entity to exercise a high degree of care to avoid injuring others.  This means that a small degree of negligence is sufficient to meet the burden of proof.  Courts use the phrase "featherweight" to define the degree of negligence that is necessary to prevail against a defendant. 

"A seaman has right to recover damages from his employer if employer was guilty of some negligence and such negligence played any role, no matter how slight, in producing injury; although plaintiff bears burden of proof on such issue, burden is "featherweight."[15]

Slight negligence has been found to include failure to control ship motion in high seas, slippery decks, inadequate head room, low ceilings, absence of anti-slip strips on stairs, failure to provide adequate training, failure to assign adequate manpower to a specific task and there are many others. 

Case law makes it clear that some negligence must be present in order to obtain personal injury damages but as a practical matter, because of the slight negligence standard, almost every injury involves some degree of negligence.  Workers should not attempt to determine whether their claim involves slight negligence.  This is a factual determination to be made based on legal standards and the worker should immediately contact an attorney for help in answering questions about negligence.  Workers should never conclude that there is no negligence or fault.