Also known as: willful and wanton disregard · wilful and wanton · willful and wanton · reckless disregard · wanton misconduct
Written by attorneys · grounded in primary & secondary sources — see below
Conduct in which an actor knows of a substantial risk of harm from the existing conditions and proceeds with conscious indifference to the likelihood that injury will result.
Warren Wu drove his delivery van at high speed through a residential zone while aware that the brakes were failing. Winston Ward crossed the street without looking and was struck. Ward's failure to watch for traffic does not prevent recovery because Wu's operation of the vehicle showed wilful and wanton disregard for the safety of others.
Winterhaven Logistics issued a press release accusing a prominent industry executive of falsifying safety records. The company knew the sole source was unreliable yet published anyway. The executive must prove the statement was made with wilful and wanton disregard for the truth to recover damages.
Select any source to read its text and confirm it supports the definition.
Attorney Wanda Williams told a reporter that a sitting judge had accepted bribes. Williams had no evidence and ignored readily available court records showing the opposite. The statement violates professional rules because it was made with wilful and wanton disregard for its truth.
Wellesley Media published an article claiming a public official diverted public funds. The reporter relied on an unverified tip and skipped any check of public records. The official can prevail only by showing the publication was made with wilful and wanton disregard for the truth.
A newspaper printed that a city official had rigged bids for personal gain. The paper had internal doubts about the source but ran the story to meet a deadline. The official must establish wilful and wanton disregard for the truth by clear and convincing evidence.
Walker Valley Produce left a loading dock gate open despite knowing children used the area as a shortcut. A child entered and was injured when a forklift backed up. The jury may consider the wilful and wanton disregard when deciding whether the conduct caused the harm.
Wilful and wanton disregard requires subjective awareness of a substantial risk together with conscious indifference to the consequences, whereas ordinary negligence requires only an objective failure to exercise reasonable care.
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 official must prove by clear and convincing evidence that the defendant published the statement with knowledge of its falsity or with reckless disregard for whether it was false.
…warrant was misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth; where the issuing magistrate wholly abandoned his judicial role; where the affidavit is so lacking in indicia of probable cause as to render official belief in its existence…