Also known as: act recklessly · acting recklessly · acted recklessly · recklessness · reckless
Written by attorneys · grounded in primary & secondary sources — see below
Conduct involving a conscious disregard of a substantial and unjustifiable risk that the material element exists or will result from the conduct. The risk must be of such a nature and degree that its disregard involves a gross deviation from the standard of conduct a reasonable person would observe in the actor's situation.
Austin Abbott fired multiple shots into a crowded apartment building at night after an argument. One bullet struck and killed a sleeping neighbor two floors above. The jury found that Abbott consciously disregarded the high risk of death to others in the building, satisfying the extreme recklessness required for malice aforethought and supporting a murder conviction.
Albert Allen swung a baseball bat wildly while arguing near a sidewalk, coming within inches of striking a passerby but causing only momentary alarm. Because Allen did not intend to cause harmful or offensive contact, the unreasonable risk created by his reckless swing did not give rise to battery liability for the mere offensive contact.
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Adrian Aguilar published an online article accusing a state attorney general of fixing prosecutions based solely on an opposition researcher's spreadsheet containing obvious alterations. Aguilar conducted no further investigation despite the glaring inconsistencies. The attorney general proved that Aguilar acted with reckless disregard for the truth, satisfying the actual malice standard.
Alan Ackerman, a member of a member-managed LLC, approved a high-risk investment that exposed the company to a known substantial chance of total loss without obtaining required member approval. The court held that Ackerman's conscious disregard of the obvious financial risk constituted reckless conduct breaching the statutory duty of care.
Arthur Abrams, a general partner in a limited partnership, authorized a large unsecured loan to a financially unstable borrower despite internal warnings of probable default. The limited partners showed that Abrams consciously disregarded the substantial risk of loss, breaching the duty of care under the uniform act.
Andrew Avery, a partner in a general partnership, purchased expensive equipment known to be unsuitable for the firm's needs after ignoring clear market data predicting rapid obsolescence. The other partners established that Avery's conscious disregard of the evident financial risk breached the duty of care.
Recklessness requires conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the reasonable person standard. Criminal negligence involves a failure to perceive the risk, which is a lower level of culpability than the conscious disregard that supports involuntary manslaughter or depraved-heart murder.
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The official must prove by clear and convincing evidence that the defendant published the false statement with knowledge of its falsity or with reckless disregard for whether it was true or false. Reckless disregard exists when the defendant consciously ignored obvious indications that the information was unreliable.
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Yes. The statutory duty of care requires members to refrain from engaging in reckless conduct. A member who consciously disregards a substantial and unjustifiable risk of harm to the company violates that duty even if the conduct also furthers the member's own interest.
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…of Indian Affairs Charles Burke reminded his staff to punish any Indian engaged in ‘any dance which involves . . . the reckless giving away of property . . . frequent or prolonged periods of celebration ... in fact, any disorderly or plainly excessive performance that promotes superstitious cruelty, licentiousness,…