Also known as: willful misconduct · wanton misconduct · willfully and wantonly · gross negligence · reckless disregard
Written by attorneys · grounded in primary & secondary sources — see below
Conduct committed with an intentional or reckless disregard for the safety of others, as by failing to exercise ordinary care to prevent a known danger or to discover a danger.
Select any source to read its text and confirm it supports the definition.
Wade Watson drove his delivery truck at excessive speed through a residential area while texting. Winona Walsh crossed the street without looking. Watson struck Walsh. Walsh's inattention does not prevent her from recovering damages because Watson's conduct showed reckless disregard for her safety.
Wade Watson drove his delivery truck at excessive speed through a school zone while texting. Winona Walsh crossed without looking. Watson struck Walsh. Walsh's inattention does not prevent recovery because Watson's conduct showed reckless disregard for her safety.
Willa Whitman instructed drivers to skip required safety checks on overloaded trucks. Winston Ward followed those instructions and caused an accident injuring another motorist. The company's reckless disregard for safety allows the injured motorist to recover despite any contributory fault.
Walter Washington, a city bus driver, was ordered to skip brake inspections. A blogger's unrelated report is not at issue. The injured passenger recovers because the driver's employer acted with reckless disregard for passenger safety.
Waverly Insurance's client, a police chief, was injured when a contractor skipped required safety checks on a vehicle. The chief recovers because the contractor's conduct showed reckless disregard for safety, overcoming any contributory negligence defense.
Winterhaven Logistics instructed drivers to skip required safety checks on overloaded trucks. A driver following those instructions caused an accident injuring another motorist. The company's reckless disregard for safety is a factor the jury may consider in determining whether its conduct legally caused the harm.
It requires an intentional or reckless disregard for the safety of others rather than a mere failure to exercise reasonable care. The actor must have knowledge of a danger or fail to discover a known risk. This higher standard can overcome contributory negligence and support punitive damages.
Supporting sources
No. A plaintiff's contributory negligence does not bar recovery for harm caused by the defendant's reckless disregard for the plaintiff's safety. The defendant's higher degree of culpability overrides the plaintiff's fault in such cases.
…conduct unless he proves that the statement was made with "actual malice"that is, with knowledge that it was false or with reckless disregard of whether it was false or not. An oft-cited statement of a like rule, which has been adopted by a number of state courts, is found in the Kansas case of Coleman v. MacLennan, 78 Kan. 711,…