What Is Willful Negligence? Definition & Examples

Willful negligence, also known as reckless or wanton negligence, describes negligent acts where the defendant disregards the risks of their actions and is aware (or should be aware) of the possible impacts. Defendants in these cases are often deliberately dismissive of another person’s safety, health, or welfare.

Ordinary negligence is the most often used theory in personal injury. It uses a “reasonable person” to assess whether a defendant failed in their duty to the plaintiff. If the defendant failed to act reasonably, they might be negligent. Car accidents usually arise from ordinary negligence.

Gross negligence is indifference to the safety or rights of others. It describes a lack of care or diligence that goes beyond ordinary negligence. For example, while speeding is an ordinary negligence claim, it may be gross negligence if the driver exceeds 100 mph in a 45 mph zone.

Willful negligence has all the elements of gross negligence, but it also requires that the defendant knows or should have known about the potential injury. It is the highest degree of negligence. It is indifference not just to safety or rights but also to the effects of their behavior.

Examples of willful negligence may include:

Motor Vehicle Accidents

Reckless driving and driving while impaired by drugs or alcohol can fall under willful negligence, especially in cases of severe impairment. Other examples include a lack of care while transporting hazardous cargo by driving recklessly or failing to secure those loads properly.

Motor vehicle accidents involving willful negligence can overlap with product liability. If a car has defective safety equipment, and the manufacturer knew or should have known of its possible impacts, that manufacturer may be held to a willful negligence standard.

Drivers who neglect critical vehicle maintenance could face a willful negligence claim. For example, driving on brakes with 10 percent of their pads left and failing to repair them could result in a driver facing a higher negligence degree, like gross or willful negligence.

Medical Malpractice and Professional Negligence

Most professional negligence, including medical malpractice, falls under gross negligence. Professionals face a higher standard because of their superior knowledge, so ordinary negligence doesn’t apply to them.

Willful negligence is rare in medical cases, but it can still come up if:

• A professional performs services while impaired by drugs or alcohol.
• They are indifferent to the patient to such a degree that it affects the quality of their services (e.g., discrimination based on race or sexual orientation.)

Workers’ Compensation

Workers’ compensation is a no-fault system that ensures workers receive medical compensation and income replacement while they recover from workplace injuries. But in some states, an employer can face civil damages, too, if their conduct was willfully negligent.

These examples include:

• Lack of safety precautions like railings or quick shut-off procedures
• Consistent employee exposure to harmful chemicals without protection
• State and federal regulatory violations
• Failure to teach safety protocol

Product Liability

Product liability claims fall under willful negligence when manufacturers do not follow safety standards or fail to implement them. For example, a car manufacturer finds an airbag malfunction but determines that paying lawsuits is cheaper than fixing it. In that case, an injured plaintiff may successfully prove their willful negligence.

Other evidence of willful negligence in these cases may include a record of lying to regulators, hiding reports or only accepting favorable assessments of products. These cases often show a pattern of willful negligence that can result in plaintiffs winning punitive damages.

The plaintiff has the burden of proof when proving willful negligence. First, the plaintiff must prove the standards of ordinary negligence, which include:

• Duty of care
• Breach of duty of care
• Causation
• Damages

But there are additional elements to willful negligence that establish the disregard for safety and impacts. They include:

Behavior

Ordinary negligence requires a breach of duty but rarely goes into a defendant’s mindset. For willful negligence, plaintiffs must show that the defendant’s act or omission was voluntary, intentional or reckless.

However, this doesn’t mean the plaintiff must show the defendant wished to harm them. The only intent evidence needed is that the defendant intentionally engaged in the act that hurt the plaintiff. For example, excessive speed, heavy drinking or ignoring design flaws are all intentional, reckless acts.

Disregarded Risks

The defendant must also know the risks and continue their actions anyway. If a defendant claims they didn’t ignore the risks, then the argument is that they should have known those risks.

For example, driving a car with mechanically defective brakes risks the vehicle not stopping when needed. That is a reasonable conclusion. So, even if a driver is convinced that dysfunctional brakes won’t hurt anyone, they can still be willfully negligent since there is a clear link between bad brakes and car accidents.

Damages

Plaintiffs must show that the risk could result in serious injury. It often assesses the plaintiff’s actual injuries but can also focus on injury potential.

Willful negligence most frequently involves serious injuries or wrongful death. However, that doesn’t mean that injuries must be severe for a plaintiff to raise willful negligence. The damages standard focuses on the foreseeability of serious injury.

For example, driving 100 mph on a freeway can cause a catastrophic car crash. After all, speed was a factor in nearly one-third of all traffic fatalities in 2020 according to the National Highway Traffic Safety Administration. So, it is reasonable to assume the potential for severe damages when drivers exceed the speed limit that much–even if the plaintiff walked away from that accident with just bruises, scrapes and whiplash.

Negligence claims usually end with compensatory damages. These damages include items like medical costs, lost wages and pain and suffering.

Willful negligence allows for a punitive damage award. Punitive damages are a punishment when a defendant’s behavior is especially egregious and harmful.

State statutes often set out offenses that are eligible for punitive damages. For example, Connecticut allows double or treble damages for “deliberate or reckless disregard” for violating specific traffic laws. That provision applies to speeding and reckless driving.

Willful negligence is an uncommon cause of action, but its effects are often devastating. If you believe your injuries resulted from more than a mere mistake, it’s crucial that you speak to a personal injury attorney and know your rights.