What is the difference between negligence and recklessness when it comes to liquor liability?

Negligence and recklessness are two separate legal concepts when it comes to liquor liability law in West Virginia. Negligence is a failure to use reasonable care when dealing with a situation, which can result in harm to another person. In order for someone to be found liable for negligence, it must be proven that they acted in a careless or inattentive manner. For example, if a bartender serves a minor and that minor gets into an accident, the bartender could be found liable for negligence. Recklessness is a more serious form of negligence and involves consciously disregarding a potential risk, without regard to the consequences. In other words, recklessness involves disregarding the safety of others and involves actively disregarding certain risks. For example, if a bartender serves someone who is clearly intoxicated and that person gets into an accident, the bartender could be found liable for recklessness. All in all, negligence involves a failure to use reasonable care, while recklessness involves actively disregarding certain risks, despite having knowledge of the potential consequences. In West Virginia, if an individual or business is found to be liable for either negligence or recklessness, they can be held liable for liquor liability law.

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What is the difference between negligence and recklessness when it comes to liquor liability?

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