Reckless disregard refers to a harmful act done intentionally or failure to do an act when the actor believes or has reason to believe that his/her conduct would lead a reasonable person to realize an unreasonable risk of harm to others and involves a good probability that substantial harm will result due to such conduct. Condotel.What does it mean to act recklessly in court?
To act recklessly, the defendant must actually know of an unreasonable risk of harm to others, and cause harm to the plaintiff by acting in knowing disregard of that risk. Recklessness means not that the defendant should have known better, but did know better and went ahead regardless of that knowledge.Does the FCA have a legal standard of reckless disregard?
In fact, the FCA is unusual in expressly including such states of mind in the statutory text: The standards of deliberate ignorance and actual knowledge, which require subjective evidence, are always available independently of reckless disregard.Can a defendant be reckless if the laws they break are unclear?
Defendants may be liable under the False Claims Act (FCA) if they acted with “reckless disregard.” But can defendants be reckless if the laws they break are unclear? The Eighth Circuit says no: A defendant cannot be reckless if there is any “inherent ambiguity” in the relevant law.