Recklessness

Recklessness is a mental state used in law and moral philosophy to describe a person's attitude toward risk. It generally entails conscious awareness of a substantial and unjustified risk and a decision to proceed despite that awareness. Unlike purposeful intent to cause harm or simple negligence, recklessness involves a deliberate disregard for possible negative outcomes.

In criminal law, recklessness is a recognized level of mens rea (mental state) that can justify liability for crimes where harm results from risky conduct. The Model Penal Code describes recklessness as conscious disregard of a substantial and unjustified risk. Different jurisdictions vary in how they define "substantial" and whether risk must be known or merely perceived.

In civil law, recklessness can support claims of gross negligence or punitive damages when the conduct shows a blatant disregard for others' safety. The key distinction is whether the defendant appreciated and ignored the risk, rather than simply failing to meet a standard of care.

Examples commonly cited include driving at dangerous speeds in hazardous conditions, or engaging in risky experiments without necessary precautions. The consequences can include criminal penalties, civil liability, or professional discipline, as well as broader social costs from increased risk and loss of trust.