Recklessness: acting despite awareness or obvious risk, judged by what an ordinary prudent person would have foreseen. The concept of reckless conduct denotes acting heedless of known or obvious risks; it ranges from failing to consider any risk to recognizing a risk and proceeding regardless. The assessment uses both subjective awareness and an objective standard-whether circumstances would have alerted an ordinary prudent person to the possibility of the harm and whether that risk was substantial enough not to be treated as negligible. A person is reckless if they either did not consider the risk or, having recognized it, chose to proceed.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Recklessness: acting despite awareness or obvious risk, judged by what an ordinary prudent person would have foreseen.
The concept of reckless conduct denotes acting heedless of known or obvious risks; it ranges from failing to consider any risk to recognizing a risk and proceeding regardless. The assessment uses both subjective awareness and an objective standard-whether circumstances would have alerted an ordinary prudent person to the possibility of the harm and whether that risk was substantial enough not to be treated as negligible. A person is reckless if they either did not consider the risk or, having recognized it, chose to proceed.
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