Also known as: wanton conduct · reckless conduct · wantonness · recklessness
Written by attorneys · grounded in primary & secondary sources — see below
Conduct that constitutes a gross deviation from the standard of care a reasonable person would observe. The deviation creates a high risk of death or serious bodily harm and demonstrates indifference to that risk.
Winston West pointed a loaded handgun at a vital area of another person's body and pulled the trigger during an argument. The resulting death occurred without any claim of justification. The factfinder could infer from the intentional use of the deadly weapon that West acted with the extreme recklessness required to establish wanton or reckless conduct.
Willa Whitman deliberately disabled safety equipment on a vessel she knew would soon carry passengers. When an emergency arose she claimed justification for her later choices. Because she had been reckless in creating the emergency, the justification defense was unavailable in a prosecution for an offense defined by recklessness.
Select any source to read its text and confirm it supports the definition.
Winston Ward left an unlocked vehicle with the keys inside in a high-crime area. A third person stole the car and drove recklessly, injuring a pedestrian. Ward realized or should have realized that his omission created an unreasonable risk of harm through the reckless conduct of another.
Wren Wallace, a member managing an LLC, knowingly approved repeated high-risk financial maneuvers without any business justification. The maneuvers caused substantial losses to the company. Wallace's conduct constituted grossly negligent or reckless conduct that violated the statutory duty of care.
Warren Wu, a general partner, directed the limited partnership to invest in speculative ventures despite clear warnings of total loss. The investments failed and wiped out limited partner capital. Wu's actions amounted to grossly negligent or reckless conduct breaching the duty of care.
Whitney White, a partner, continued operating partnership equipment after learning of a critical safety defect. The defect caused a serious injury to a third party. White's decision to proceed constituted grossly negligent or reckless conduct that violated the duty of care owed to the partnership.
Wanton or reckless conduct requires a gross deviation from the standard of care that creates a high risk of death or serious bodily harm and shows indifference to that risk. Ordinary negligence involves only an unreasonable risk without the same degree of deviation or conscious disregard.
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Yes. When a defendant has a duty of care, intentional failure to act in disregard of probable harmful consequences satisfies the standard. The duty may arise from control of premises or a special relationship such as parent and child.
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Wanton or reckless conduct supports involuntary manslaughter when it creates a high risk of substantial harm. Depraved-heart murder requires a higher degree of risk and indifference to an unjustifiably high risk to human life.
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No. Trust and partnership law render unenforceable any clause that purports to relieve a fiduciary from liability for bad faith or reckless indifference to the interests of beneficiaries or the entity.
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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,…