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Willful And Wanton Misconduct

Fairfax Injury Lawyer Brien Roche Addresses Willful and Wanton Misconduct

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Willful and wanton misconduct is different from any other form of negligence, not just in degree but also in kind.  Negligence conveys a certain degree of  inadvertence.  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 according to injury attorney Brien Roche. 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 and the officer had no expectation to believe that 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 to warn other approaching motorists of the presence of the truck on the roadway at night.  In this instance, the driver consciously chose to leave the disabled truck in a travel lane on an interstate highway without placing any warning devices with knowledge that this would likely cause injury to others.  That conduct presents a jury issue as to willful and wanton negligence. Where the behavior of the defendant rises to the level of willful and wanton misconduct then that may be a bar to the assertion of the defense of contributory negligence. The defense of contributory negligence is a powerful defense. To lose that as a defense to the plaintiff’s case is a huge blow to any defendant.Although it may be difficult to prove this type of misconduct, the proof may have significant 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 information on this and other personal injury concepts see the other pages on this site.For information on endangerment see the pages on Wikipedia.

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Willful And Wanton Misconduct

Contact Us For A Free Consultation

Contact Us For A Free Consultation