Wanton is used in the context of negligence law to describe extreme carelessness or indifference to safety. Punitive damage cases typically involve “wanton and willful” misconduct evincing a reckless disregard for the rights of others. Under some state laws, a landowner can only be successfully sued by a trespasser if a person is hurt as a result of the willful and wanton misconduct of the landowner.
Wanton is often used in conjunction with willful in settings standards of liability. Willful or wanton conduct implies knowledge and consciousness that injury will result from the act done.Willful and wanton negligence is action undertaken in conscious disregard of another's rights or with reckless indifference to consequences with the defendant aware, from his knowledge of existing circumstances and conditions, that his conduct probably would cause injury to another.
