Under the Third Restatement of Torts,a person acts recklessly if the person:
A) has an unconscious disregard of the consequences of the act committed.
B) knows facts that make the risk obvious to another in the person's situation.
C) exhibits malice or a fraudulent or evil motive.
D) All of these.

Question

Quizplus · Accepted Answer

According to the Third Restatement of Torts, a person acts recklessly if they know facts that make the risk obvious to another in their situation. Recklessness involves a conscious decision to disregard a known risk, even if the actor does not intend harm or believe it is likely to occur. Therefore, option B best describes the actions that constitute recklessness under the Third Restatement of Torts. Options A and C are not entirely accurate, as unconscious disregard and malice or fraudulent motive are not necessary elements for recklessness. Option D is incorrect as only option B is the correct answer.

Under the Third Restatement of Torts,a Person Acts Recklessly If