Wanton and Reckless Misconduct

The categories of willful and negligent is difficult to assess. Moreover, a tort may possess both mental states. For example, this may occur when an individual with no intent to cause harm intentionally performs an act so unreasonable and dangerous that he or she knows, or should know, it is highly probable that the harm will result. The tort may be named "willful negligence," "wanton and willful negligence," "wanton and willful misconduct," OR "gross negligence." Therefore, wanton and reckless misconduct involves no intention, as does willful misconduct, to do harm. it is different from negligence in that it does involve an intention to perform an act that the actor knows harm may likely result.

Recklessness is a state of mind that is determined subjectively. Recklessness is a deliberate disregard for the high probability that an injury may result. As opposed to Negligence, recklessness involves unskillfulness, failure to take safety measure, and having a level of awareness to choose an act even though dangers may result. Moreover, recklessness explains that an actor has intentionally done an act of an unreasonable character by disregarding an obvious risk that should have been avoided. Recklessness also covers a conscious indifference to certain consequences of danger that a reasonable person would appreciate and not engage in.

Negligence and wanton misconduct are two separate torts. However, wanton and reckless misconduct is more comparable to willful misconduct as opposed to negligence. The damages are also similar in that punitive damages may be available to the plaintiff against the defendant. Likewise, the standard used to determine wanton misconduct is still an objective standard. In addition, recklessness does not require a showing of extreme dangerous behavior. In order to impose liability, there needs to be a showing that there was a realization of danger, the person had reason to know of the circumstances and a reasonable person would regard the behavior as highly dangerous.

Gross Negligence occurs when there is an extreme departure from the ordinary standard of car, failing to exercise care, indifference to other individuals, and a want of care that displays a conscious indifference to negative consequences. California separates ordinary and gross negligence by establishing a policy rule. Thus, failure to exercise due care in those situations where the risk of harm is great will increase legal consequences harsher than those arising from negligence in less hazardous situations.

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