Under Georgia law, one can pursue punitive damages if the defendant acted with willful, wanton, or reckless conduct. But what kind of conduct qualifies as willful, wanton, or reckless? In Ford Motor Co. v. Cosper, 317 Ga. 356 (2023), the Georgia Supreme Court answered that question.

In Ford Motor, the Northern District of Georgia certified two questions to the Georgia Supreme Court. First, whether, under O.C.G.A. § 51-1-11(c), “reckless” conduct is a standalone exception to the 10-year statute of repose under Georgia’s product liability statute. Georgia Supreme Court answered that question in the affirmative. Therefore, if the plaintiff can establish reckless conduct on the part of the defendant, the 10-year statute of repose does not apply and the plaintiff can bring a lawsuit outside that 10-year time frame.

Second, the Georgia Supreme Court held that an actor’s “conduct . . . manifests a . . . reckless . . . disregard for life or property under O.C.G.A. § 51-1-11(c), if the actor intentionally does an act or fails to do an act which it is his duty to the other to do, knowing or having reason to know of facts which would lead a reasonable person to realize that the actor’s conduct not only creates an unreasonable risk of harm to another’s life or property but also involves a high degree of probability that substantial harm will result to the other’s life or property.” Id. at 370.

The Georgia Supreme Court also clarified that “willful,” “willful,” and “reckless” conduct “fall on a spectrum of culpable conduct, with willful conduct being the most culpable and reckless conduct being the least culpable.” Id. at 366. “Willful” conduct was described as conduct “involving an actual intention to do harm or inflict injury.” “Wanton” conduct “does not involve an actual intent to harm or inflict injury but is nevertheless described as highly culpable conduct that is equivalent in spirit to actual intent to do harm or inflict injury.” Id. at 366-67.