California, United States of America
The following excerpt is from In re Tiffany C., C057305 (Cal. App. 10/8/2008), C057305 (Cal. App. 2008):
"Gross negligence is the exercise of so slight a degree of care as to raise a presumption of conscious indifference to the consequences." (People v. Bennett (1991) 54 Cal.3d 1032, 1036.) In other words, it is an "`I don't care what happens'" state of mind. (Ibid.) "The test is objective: whether a reasonable person in the [minor's] position would have been aware of the risk involved." (Ibid.)
As to the willful and wanton disregard for the safety of others, "`willful' refers to the intentional disregard for safety" and "`[w]antoness' is defined as having `consciousness of conduct, intent to do or omit the act in question, realization of the probable injury to another, and reckless disregard of the consequences.'" (People v. Dewey (1996) 42 Cal.App.4th 216, 221.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.