Legal Definitions - reckless disregard

Reckless disregard refers to a situation where an individual or entity acts (or fails to act) with a severe and conscious indifference to a known or obvious risk of significant harm to others. It means they are aware of facts that would lead a reasonable person to understand their conduct is highly likely to cause substantial damage, injury, or other negative consequences, yet they proceed anyway without concern for those potential outcomes. This level of disregard is more serious than simple carelessness and demonstrates a profound indifference to the safety or well-being of others.

Here are some examples illustrating reckless disregard:

• Example 1 (Driving): A driver, after consuming several alcoholic beverages, decides to drive home at high speed through a busy downtown area, weaving between lanes and running red lights, despite knowing the severe risks associated with impaired driving and excessive speed in a populated area.

  This driver exhibits reckless disregard because they are fully aware of the high probability of causing a serious accident, injury, or death due to their intoxication and dangerous driving. Yet, they consciously choose to proceed, showing a severe indifference to the safety of others on the road.

• Example 2 (Product Safety): A toy manufacturer discovers a design flaw in a popular children's toy that causes small parts to detach easily, posing a significant choking hazard to young children. Despite receiving internal reports detailing the danger, the company decides to continue selling the existing inventory without a warning label or recall, to avoid financial losses.

  The manufacturer demonstrates reckless disregard by having clear knowledge of a serious and probable risk of harm (choking) to children but consciously choosing to ignore it and prioritize profit over safety, showing extreme indifference to consumer well-being.

• Example 3 (Defamation/Media): A blogger publishes an article accusing a local business owner of criminal activity, based solely on an anonymous, unverified tip from a known rival, without attempting to corroborate the information or seek comment from the accused. The blogger knows the source is unreliable and the allegations could severely damage the business owner's reputation and livelihood.

  This illustrates reckless disregard for the truth because the blogger published highly damaging information with serious indifference to its accuracy, knowing the source was questionable and making no effort to verify the facts, despite the high probability of causing substantial reputational harm.