Also known as: reckless · recklessly · reckless disregard
Written by attorneys · grounded in primary & secondary sources — see below
A mental state in which a person consciously disregards a substantial and unjustifiable risk that a material element of an offense 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 law-abiding person would observe in the actor's situation.
Select any source to read its text and confirm it supports the definition.
Ruby Rivera speeds through a dense downtown intersection at night while aware that pedestrians are crossing. She sees the risk of striking someone yet accelerates to evade police. A pedestrian dies from the impact. The extreme recklessness satisfies the depraved-heart element for common-law murder.
Renata Russo stores volatile chemicals in an open warehouse despite knowing the high probability of ignition from nearby sparks. She takes no precautions because she wants to cut costs. An explosion injures workers. Her conscious disregard of the known risk meets the recklessness mens rea under the Model Penal Code.
Ryan Roberts angrily hurls a heavy stapler across a packed conference room toward an empty chair. He knows the object could strike someone yet proceeds without looking. The stapler hits a colleague in the face. Because the risk threatened only offensive contact, the conduct does not support battery liability even though it would be reckless if bodily harm were at stake.
Renee Rogers publishes a story accusing a city official of corruption after receiving an anonymous tip. She publishes without contacting the official or checking public records despite obvious red flags. The story proves false. The publication with reckless disregard for truth satisfies the actual-malice standard required for the official's defamation recovery.
Ronald Reed, managing member of a member-managed LLC, approves a major contract with a known insolvent supplier to meet quarterly targets. He is aware the deal exposes the company to massive losses yet ignores internal warnings. The company collapses. The reckless conduct breaches the statutory duty of care.
Rowan Russell tells an elderly client that a distant relative has already received a large inheritance when Russell knows the statement is false. He makes the claim to induce a bequest to himself. The client changes the will accordingly. The reckless misrepresentation procures the donative transfer by fraud.
Recklessness requires that the actor actually be aware of the substantial and unjustifiable risk and consciously disregard it. Negligence requires only that the actor should have been aware of the risk but failed to perceive it. The distinction turns on the subjective awareness element present in recklessness but absent in negligence.
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Extreme recklessness demonstrating a depraved, abandoned, and malignant heart satisfies malice aforethought when the risk to human life is unjustifiably high. This degree of risk exceeds the level required for involuntary manslaughter based on recklessness.
…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,…
…official prove “actual malice”—that the defendant published the defamatory statement with knowledge that it was false or with reckless disregard
…a vital role to play in ensuring that elections remain at least minimally open, fair, and competitive. But it is the height of recklessness
…turn was constitutional. Hymon had employed the only reasonable and practicable means of preventing Garner's escape. Garner had "recklessly and heedlessly attempted to vault over the fence to escape, thereby assuming the risk of being fired upon." App. to Pet. for Cert. A10. The Court of Appeals for the Sixth Circuit affirmed…
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Yes. Actual malice is shown by publishing with knowledge of falsity or with reckless disregard for the truth. The standard protects robust debate while allowing recovery when the defendant consciously ignores obvious indications that the statement is false.
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A member of a member-managed LLC or a general partner breaches the duty of care by engaging in reckless conduct during the conduct or winding up of the entity's affairs. The statute expressly lists reckless conduct as a violation separate from gross negligence or willful misconduct.
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Yes. A donative transfer is procured by fraud when the wrongdoer knowingly or recklessly makes a false representation about a material fact that is intended to and does induce the donor to make a transfer the donor would not otherwise have made.
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