Negligence Behavior

Negligence occurs when an individual fails to act as a reasonably prudent person and their reckless behavior causes injury to the plaintiff. There is a wide spectrum of negligence actions. The main personal injury cases such as motor vehicle accidents and medical malpractice, which fall within Negligence. However there are some claims that are under negligence. For example, drowning of a child, injuries at apartment complexes, electrocution injury, and injury as a result of collapsing building.

The elements in displaying a valid Negligence claim are (1) Duty-There is a duty of ordinary care of a reasonably prudent person, (2) Breach of Duty, (3) Damages and (4)Causation- The connection between Plaintiffs damages and Defendants breach of duty.

Negligence is an unintentional tort that posses no desire to cause harm or acts of carelessness. On the other hand, willful misconduct occurs when an individual intends to harm a person. There needs to be a differentiation between the two acts because liability differs significantly. Therefore, when an individual's conduct is negligent, it is not willful and vice versa. Moreover, the basis of willful misconduct establishes the mindset for intentional torts.

Willful misconduct includes actual intent to harm another or to commit an act with a positive, active, and absolute disregard of its consequences. The act must relate to the misconduct and not the fact that something was done intentionally by the defendant. Moreover, there needs to be a showing that a reasonable person under the same or similar circumstances would be aware of the result of their actions. The individual needs to act deliberately and appreciate the consequences of their actions. Even if there is knowledge that the outcome is likely to result , willful misconduct will apply.

A negligent action may be brought with a level of willful misconduct by demonstrating the defendant possessed constructive knowledge that injury may result, and failed to avoid the behavior. Additionally, there needs to be a showing that is was likely to result as opposed to a possibility. Here, constructive knowledge is determined by an objective standard.

The test involved looks at whether a reasonable person under the same or similar circumstances, would be aware of the dangerous character of his or her conduct. When the conduct is sufficiently lacking in consideration for the rights of others, reckless, heedless to an extreme, and indifferent to the consequences it may impose, then, regardless of the actual state of mind of the actor and his or her actual concern for the rights of others, willful misconduct is satisfied under the test.

The determination of willful misconduct is a question of fact. Therefore the defendants conduct, state of mind, and knowledge is evaluated. Evidence is required to establish that the violation continued over a considerable time, and without any excuse. As long as the defendant is demonstrated as acting without disregard of a high level of danger, willful misconduct applies. Even if the defendant does not realize the consequences related to his or action, liability is still valid.

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