In tort law, what is the definition of "recklessness"?

The correct definition of "recklessness" in tort law is a conscious disregard of significant risk that causes harm. Recklessness involves a situation where an individual is aware of a substantial and unjustifiable risk and yet chooses to disregard it, leading to potential harm to another person. This differs from mere negligence, which does not require the same level of awareness and disregard for risk. For recklessness to be established, the person's conduct must demonstrate a deliberate choice to act (or fail to act) in a way that creates a recognizable risk of harm, thereby showing a blatant disregard for the safety of others.

In this context, the other choices reflect different standards of liability or conduct that do not encapsulate the essence of recklessness. For example, failing to act when there is a duty suggests negligence, not the conscious choice involved in recklessness. Similarly, committing an act without intent to harm typically pertains to unintentional torts, which is also distinct from the conscious behavioral element of recklessness. Lastly, engaging in negligent behavior implies a lack of care without the requisite awareness of the risks, further distinguishing it from the more intentional disregard present in reckless conduct. This makes option A the only correct definition of recklessness in this scenario.