Willful/reckless conduct

Willful/Reckless Conduct —Behavior that is even worse than gross negligence is willful/ reckless conduct. It involves intentionally neglecting one s responsibility to exercise reasonable care. 

Define the following legal terms as they relate to workplace safety negligence, willful/reckless conduct, care, contributory negligence. 

Punitive damages are awarded where the defendant s conduct was considered by the court to be intentional, willful, reckless or to constitute gross negligence. Punitive damages are intended to deter future conduct of the type at issue. This form of damages is not generally available against a public entity. 

Comment Ignorance of the law is rarely an excuse. However, when the offender is aware of or indifferent to the criminal character of the conduct, such scienter is an aggravating factor that increases the culpability of the offense. In determining the amount by which to enhance the fine under Step II (d), the court should consider such factors as (1) the level of intent (a knowing and willful intent to violate the law merits the greatest enhancement, while reckless behavior undertaken with awareness of the possibility that it was unlawful would merit a lesser increase) (2) the level of the employee within the organization possessing the requisite state of mind (where awareness of probable unlawfulness can be attributed to substantial authority... 

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