Willful and wanton conduct is defined by some courts as an act that, if not intentional, shows what?

• A. Utter indifference or conscious disregard for the safety of others
• B. Slight negligence
• C. Ordinary care
• D. Lack of awareness

Answer: (A)

Willful and wanton conduct centers on the defendant’s mindset in which there is a conscious disregard for safety or utter indifference to the risk their actions pose to others. It’s not merely a careless mistake or a lapse in ordinary care; it reflects a reckless disregard for consequences that the actor knows could harm others and proceeds anyway. That intense level of awareness and disregard is exactly what the description conveys.

Because of that, the phrase “utter indifference or conscious disregard for the safety of others” best captures the required mental state. The other options describe lesser levels of care or awareness—slight negligence is far below willful and wanton, ordinary care is the standard of reasonable conduct, and lack of awareness doesn’t necessarily imply any disregard for safety.