The concept describes behavior that is more culpable than negligence but may fall short of intentional harm. It involves an intentional deviation from a clear duty or a reckless disregard for the consequences of one’s actions, where the actor is conscious that their conduct will likely result in injury or damage. For example, a driver who, knowing their brakes are faulty, speeds through a crowded intersection might be seen to engage in this type of behavior.
Understanding this standard of culpability is important because it often dictates the extent of liability in legal disputes. Many contracts and statutes limit or exclude liability for ordinary negligence, but specifically maintain liability when this higher standard of culpability is present. Historically, it has served to bridge the gap between simple carelessness and malicious intent, providing a middle ground for assigning responsibility where the actions demonstrate a significant departure from reasonable conduct.
