Legal Definitions - willful and malicious injury

Willful and malicious injury refers to harm caused to another person or their property that was both deliberate and done with a wrongful intent.

• An act is considered willful if it was intentional, meaning the person meant to do the act that resulted in the harm, rather than it being an accident or due to negligence.

• An act is considered malicious if it was done with a wrongful motive, such as ill will, spite, or a desire to cause harm, without any justifiable reason or excuse.

This concept is particularly relevant in legal areas like bankruptcy, where debts arising from such injuries may not be discharged, or in tort law, where it can lead to punitive damages.

Here are some examples to illustrate:

• Example 1: Physical Harm
  During a heated argument, one individual intentionally shoves another, causing them to fall and suffer a broken wrist. The act of shoving was willful because it was done on purpose. It was malicious because it was driven by anger and an intent to cause harm to the other person. The broken wrist constitutes the injury.

• Example 2: Property Damage (Vandalism)
  A disgruntled former tenant, seeking revenge on their landlord, deliberately spray-paints offensive graffiti across the exterior walls of the rental property. The act of spray-painting was willful as it was a conscious decision. It was malicious because it was motivated by spite and a desire to damage the landlord's property. The defacement of the walls is the injury to the property.

• Example 3: Property Damage (Destruction of Digital Assets)
  After a business deal sours, one party, out of spite, intentionally deletes critical, irreplaceable digital files from the other party's computer system, knowing these files are essential for their operations. The act of deleting the files was willful because it was a deliberate action. It was malicious because it was done with the specific intent to sabotage the other party's business and cause significant loss. The destruction of the essential digital files represents the injury to their property and business assets.