Negligence, Willful Misconduct

Willful misconduct is an aggravated form of negligence. “Unlike negligence or even gross negligence, ‘[w]ilful misconduct involves a more positive intent actually to harm another or to do an act with a positive, active and absolute disregard of its consequences.’”

“In addition to the requirements for negligence, Plaintiff must allege three elements:

‘(1) actual or constructive knowledge of the peril to be apprehended,
(2) actual or constructive knowledge that injury is a probable, as opposed to a possible, result of the danger, and
(3) conscious failure to act to avoid the peril.’”

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• The rest of the elements for this cause of action;
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• The statute of limitations; and
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