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Recklessness
What is Recklessness?
California defines "recklessness" as a degree of culpability higher than negligence or gross negligence, but less than intentional wrongdoing. When someone acts recklessly, it means they are aware that their actions may cause harm and they disregard this risk.
Legal Definition
In California, recklessness is defined as a subjective state of culpability that is greater than negligence. Simply ignoring safety precautions does not constitute recklessness. An act of recklessness involves ignoring a high probability that another individual will be injured.
Damages For Recklessness
Personal injury cases typically involve two types of damages: "Compensatory" damages, which cover out-of-pocket costs such as medical bills and lost wages, and "Punitive" damages, which provide punishment for particularly bad behavior and discourage others from repeating it.
Punitive Damages For Recklessness
Punitive damages may be awarded in California when a plaintiff proves that the defendant committed a case of "malice." California law defines malice as "despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others." Therefore, when a defendant has acted recklessly, a California jury has often been able to award punitive damages.
Assumption of the Risk
In a legal doctrine called "assumption of risk", someone who voluntarily engages in a risky activity such as sports become responsible if they are injured. However, the doctrine only applies to risks that would be expected during such an activity.
Criminal Charges
If the behavior was in violation of a California criminal law that includes negligence as a factor, there is a possibility of prosecution. It is important to keep in mind that in a criminal case, unlawful behavior must be proven beyond a reasonable doubt. When proving recklessness in a civil case, a preponderance of the evidence (or for punitive damages, clear and convincing evidence) is required. Assault, battery, child endangerment, gross vehicular manslaughter while intoxicated, and sexual assault are some examples of reckless acts that may incur both civil and criminal liability.