Also known as: wanton disregard of · wanton · reckless disregard
Written by attorneys · grounded in primary & secondary sources — see below
Conduct demonstrating conscious indifference to a substantial and unjustifiable risk of harm to another's safety or to the truth of a statement. The actor perceives the risk yet proceeds without regard for the likely consequences, elevating the conduct above ordinary negligence.
Willa Whitman crossed a busy intersection against the light. Watershed Pharmaceuticals' driver, aware the brakes were failing, sped through the same intersection anyway and struck her. Even though Willa was contributorily negligent, her recovery is not barred because the driver's wanton disregard for pedestrian safety caused the harm.
Winston Ward, a city council member, sued a newspaper after it published a story accusing him of bribery. The reporter had received an anonymous tip but published without checking public records or seeking Ward's comment. The jury could find actual malice because the publication reflected wanton disregard for the truth of the accusation.
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Wilma Wright, a lawyer running for judge, told voters her opponent had been disciplined for ethics violations. She made the claim after glancing at an unverified blog post and without reviewing any court records. The statement violates professional conduct rules because it was made with wanton disregard for its truth or falsity.
Wanda Williams published an online article accusing a public official of corruption. She relied on a single unverified email and ignored readily available documents that would have shown the claim was false. Liability attaches only if the publication was made with wanton disregard for the truth of the matters asserted.
Winter Wolfe, a well-known business executive, sued a blog for a false report that she had bribed regulators. The blog's editor published after receiving an unconfirmed tip from a competitor and without any further verification. Recovery requires proof that the editor acted with wanton disregard for the truth.
Whitney Washington left an excavation pit uncovered near a known trespasser path. A trespasser fell in and was injured. The jury may consider that the wanton disregard of safety, rather than ordinary negligence, supports finding the pit's condition was a legal cause of the harm.
Wanton disregard requires the actor to perceive a substantial risk and consciously proceed anyway. Ordinary negligence involves only a failure to exercise reasonable care without that conscious indifference to known danger.
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No. Under the applicable Restatement rule, contributory negligence does not bar recovery for harm caused by the defendant's reckless or wanton disregard of the plaintiff's safety.
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The official must prove by clear and convincing evidence that the defendant published the statement with knowledge of its falsity or with wanton disregard for whether it was false.
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Yes. Courts apply the same actual-malice requirement to false-light claims as to defamation, so publication with wanton disregard for the truth satisfies the constitutional threshold.
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…consideration, the inquiry into "excessiveness" has two aspects. First, the punishment must not involve the unnecessary and wanton infliction of pain. Furman v. Georgia, supra , at 392-393 (BURGER, C. J., dissenting). See Wilkerson v. Utah , 99 U. S., at 136; Weems v. United States, supra , at 381. Second, the…