wanton negligence

wanton negligence
A paradoxical expression, since the term "wanton" infers premeditation, knowledge, or consciousness, while "negligence" implies inadvertence; apparently signifying an act done or omitted to be done in such reckless disregard of the security and safety of another as to imply bad faith. 3 8 Am J1st Negl § 48; 52 Am J1st Torts § 23. An act or omission in complete absence of care for the safety of others, exhibiting indifference to consequences, but not necessarily ill will. Higbee Co. v Jackson, 10 1 Ohio St 7 5, 128 NE 61, 14 ALR 13 1, 20 NCCA 144. In the criminal law, culpable negligence; negligence amounting to a disregard of consequences or indifference to the rights or safety of others. 21 Am J2d Crim L § 84. Wanton negligence involves the creation of an unreasonable risk of bodily harm to another, together with a high degree of probability that substantial harm will result. Bryan v Southern Pacific R. Co. 79 Ariz 253, 286 P2d 761, 50 ALR2d 1. Inherent in wanton negligence is the idea of moral fault arising from the doing or failing to do an act with consciousness that the act or omission would probably cause serious injury, and with reckless indifference to consequences. Alabama Great Southern R. Co. v Louisville & N. R. Co. (CA5 Ala) 224 F2d 1, 50 ALR2d 1302.

Ballentine's law dictionary. . 1998.

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  • wanton — wan·ton / wänt ən, wȯnt / adj: manifesting extreme indifference to a risk of injury to another that is known or should have been known: characterized by knowledge of and utter disregard for probability of resulting harm a wanton act by such… …   Law dictionary

  • negligence — neg·li·gence / ne gli jəns/ n: failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation; also: conduct… …   Law dictionary

  • wilful and wanton negligence — A paradoxical expression, since the adjectives imply premeditation or consciousness of danger to another, while negligence implied inadvertence, but described as a reckless disregard of the safety of the person or property of another by failing,… …   Ballentine's law dictionary

  • negligence — The omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do. Negligence is the failure… …   Black's law dictionary

  • negligence — The omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do. Negligence is the failure… …   Black's law dictionary

  • wanton — Reckless, heedless, malicious; characterized by extreme recklessness or foolhardiness; recklessly disregardful of the rights or safety of others or of consequences. In re Wegner, C.C.A.I11., 88 F.2d 899, 902. Means undisciplined, unruly, marked… …   Black's law dictionary

  • negligence, willful, wanton, or reckless — n. Negligence done with complete disregard to the risks and with conscious indifference to the consequences. See also comparative negligence The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell.… …   Law dictionary

  • Wanton Disregard — A standard of severe negligence. Wanton disregard is a very serious accusation that indicates that a person behaved extremely recklessly. Wanton disregard is not malicious, but it is more serious than carelessness. Wanton disregard can be used as …   Investment dictionary

  • simple negligence — Negligence which is neither gross nor wanton; the failure to use ordinary care. Differing from gross negligence in degree, but not in kind. See Semons v Towne, 285 Mass 96, 188 NE 605 …   Ballentine's law dictionary

  • culpable negligence — A term sometimes defined in a manner similar to definitions of ordinary negligence, it being said that culpable negligence is the ornission to do something which a reasonable, prudent and honest man would do, or doing some thing which such a man… …   Ballentine's law dictionary

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