Wilful negligence, also known as gross negligence, refers to a deliberate and reckless disregard for the safety or well-being of others. It involves a conscious and intentional failure to act reasonably, despite knowing that one’s actions could result in harm. Wilful negligence goes beyond ordinary negligence, which involves a failure to exercise reasonable care, by demonstrating a heightened level of culpability and indifference to the consequences of one’s actions. In legal contexts, wilful negligence can lead to civil liability or even criminal charges, depending on the severity of the harm caused and the jurisdiction’s laws.
noun.
Meaning: The intentional failure to exercise reasonable care or attention, resulting in harm or damage to others. Wilful negligence occurs when an individual or entity knowingly disregards their duty to act prudently or takes actions that they know or should know will likely cause harm. It implies a conscious and deliberate decision to ignore potential risks or to act recklessly, despite being aware of the consequences. In legal contexts, wilful negligence often carries more severe consequences than ordinary negligence due to the element of intent behind the actions or omissions. It is considered a serious breach of duty, especially in professions where a high standard of care is expected, such as healthcare, law enforcement, and finance.
Wilful negligence is an unreasonable action which is done with total disregard for the risk involved and the likely harm. Wilful negligence is synonymous with gross negligence and involves actions performed with a “conscious” indifference to the consequences. Wilful negligence differs from negligence and can be considered an intentional violation of the law which can lead to a criminal charges (intentional tort) rather than civil charge charges (unintentional tort).
For example, if someone accidentally hits another person on a bicycle this could be considered negligence. If the driver intentionally runs them over, however, this could be considered wilful negligence.
If a plaintiff files a personal injury claim and can prove the defendant’s negligence led to their injuries they may be able to recover medical compensation, lost wage compensation and pain and suffering. If the plaintiff can prove the defendant’s actions were wilfully negligent, however, in some cases they also may be able to recover punitive damages which are used to punish the perpetrator.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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