Also known as: wanton conduct · reckless conduct · wantonness · recklessness
Written by attorneys · grounded in primary & secondary sources — see below
Conduct demonstrating a conscious disregard of a substantial and unjustifiable risk of death or serious bodily harm. This level exceeds ordinary negligence and gross negligence by reflecting extreme indifference to human life or safety.
Wayne Walker fired multiple rounds from a rooftop into a crowded street below after an argument. He knew people were present yet continued shooting without aiming at any particular target. A bystander died from a stray bullet. The extreme indifference shown by the random gunfire satisfies the standard for wanton and reckless conduct.
Whitney White started a small fire in her backyard to clear debris despite high winds and dry conditions. The fire spread rapidly toward a neighbor's home. When she claimed necessity to protect her property, the justification failed because her initial decision to ignite the fire was reckless.
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Wren Wright left heavy construction equipment unlocked on a steep slope near a public walkway. She knew local youths often played in the area and might tamper with the machines. A teenager started the equipment and caused it to roll downhill, injuring a passerby. The act created an unreasonable risk through foreseeable reckless conduct by another.
Warren Woods, a member of a member-managed LLC, directed the company to store volatile chemicals in an unventilated residential garage without permits. The storage created an obvious explosion hazard. When an explosion injured a neighbor, Woods's conduct breached the duty of care by constituting reckless conduct.
Winter Wolfe, a general partner in a limited partnership, authorized continued use of an aging bridge for heavy equipment deliveries despite known structural cracks. A collapse injured a driver. The decision to proceed without inspection or repair amounted to reckless conduct violating the duty of care.
Wade Watson, a partner in a general partnership, ordered employees to operate machinery without required safety guards after a prior warning. An employee suffered severe injury. The choice to ignore the known danger constituted reckless conduct breaching the duty of care.
Wanton and reckless conduct requires a conscious disregard of a substantial and unjustifiable risk of death or serious harm. Ordinary negligence involves only a failure to exercise reasonable care. The higher standard applies in criminal homicide and certain duty-of-care breaches.
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Yes. Extreme recklessness demonstrating a depraved heart satisfies malice aforethought and can elevate an unintentional killing to murder rather than manslaughter.
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No. Partnership statutes prohibit agreements that eliminate or alter the duty of care, which includes the obligation to refrain from grossly negligent or reckless conduct.
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Justification is unavailable when the actor was reckless in creating the situation that required a choice of harms or in assessing the need for the conduct.
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…a vital role to play in ensuring that elections remain at least minimally open, fair, and competitive. But it is the height of recklessness to dismiss Congress’ years of bipartisan deliberation and its reasoned judgment on this basis, without first confirming that the statute in question was intended to be, or will function as,…