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A finding in those states that a defendant's conduct was "wanton," "reckless" or "despicable", rather than merely negligent, can be significant because certain defenses, such as contributory negligence, are often unavailable when such conduct is the cause of the damages.
In particular, the "willful and wanton" negligence standard for emergency care, which requires that the harm to the patient be intentional, makes it impossible to win a case where the harm is clearly negligent but not willful. [47]
Negligence (Lat. negligentia) [1] is a failure to exercise appropriate care expected to be exercised in similar circumstances. [2]Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act.
Although the jury found the three doctors negligent, none of them was found guilty of "wanton" negligence, i.e. demonstrating utter disregard for the patient, as opposed to a simple mistake. Payouts for wanton negligence would not have been covered by the doctors' malpractice insurance. [19]
Estelle v. Gamble, 429 U.S. 97 (1976), was a case in which the Supreme Court of the United States established the standard of what a prisoner must plead in order to claim a violation of Eighth Amendment rights under 42 U.S.C. § 1983.
Negligent entrustment is a cause of action in United States tort law which arises where one party ("the entrustor") is held liable for negligence because they negligently provided another party ("the entrustee") with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality.
(a) operates a vehicle in willful or wanton disregard for the safety of persons or property; or (b) operates a vehicle in willful or wanton disregard for the safety of persons or property while passing, in either direction, a school bus that has stopped and is displaying the visual flashing red signal, as provided in 61-8-351 and 61-9-402.
In some U.S. states, such as Florida, substantially similar language is used for the crime of culpable negligence. The offense is intended to prohibit and therefore deter reckless or wanton (of a cruel or violent action, deliberate and unprovoked conduct) conduct that wrongfully creates a substantial risk of death or serious injury to others.