Willful and wanton misconduct is different from any other form of negligence. It differs not just in degree but also in kind. Negligence involves lack of intent. Willful and wanton misconduct conveys the idea of some design or purpose. A person guilty of willful and wanton conduct intends his act but not the resulting harm. The conduct is not as egregious as intentional wrongdoing but it comes very close.
Willful and Wanton Misconduct Examples
Where a police officer intentionally shoots at a door with no reason to believe there was anyone behind the door then he is not guilty of willful and wanton misconduct. A jury issue of willful and wanton negligence may be presented where a professional truck driver fails to put out safety warnings at night to warn other approaching drivers. The driver chose to leave the disabled truck in a travel lane on an interstate highway. He placed no warning devices. He knew this would likely cause injury to others. That conduct presents a jury issue as to willful and wanton negligence. Where the behavior rises to that level it may be a bar to the defense of contributory negligence. The defense of contributory negligence is a powerful defense. To lose that as a defense is a huge blow to any defendant. Although it is tough to prove this type of misconduct, the proof can have huge consequences.
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If you have been injured by the willful and wanton negligence of another contact injury attorney Brien Roche. For more info on this and other personal injury concepts see the other pages on this site. For info on endangerment see the pages on Wikipedia.
