Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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- Return to Table of Contents 140
- Gross negligence
- Willful misconduct
| Personal Responsibility: An individual’s obligations to properly use, care, and keep safe government property in their possession, with or without a receipt. A person can only beheld liable if the facts show that she acted negligently or engaged in willful misconduct. Simple negligence is the failure to act as a reasonably prudent person would have acted under similar circumstances. Remember, a reasonably prudent person is an average person, not a perfect person. Also consider What could be expected of the person considering their age, experience, and special qualifications The type of responsibility involved. The type and nature of the property. More complex or sensitive property normally requires a greater degree of care. The nature, complexity, level of danger, or urgency of the activity ongoing at the time of the LDDT of the property. Return to Table of Contents 140 Examples of simple negligence are failure to do required maintenance checks, leaving weapon leaning against a tree while attending to other duties, driving too fast for road or weather conditions, or failing to maintain proper hand receipts. Gross negligence is an extreme departure from the course of action expected of a reasonably prudent person, all circumstances being considered, and accompanied by a reckless, deliberate, or wanton disregard for the foreseeable consequences of the act. Reckless, deliberate, or wanton. These elements can be express or implied. Does not include thoughtlessness, inadvertence, or errors in judgment. Examples of gross negligence are Soldier drives a vehicle at a speed in excess of 40 mph of the posted speed limit. Intentionally tries to make a sharp curve without slowing down. Soldier lives in family quarters and has a child who likes to play with matches. Soldier leaves matches out where child can reach them. Willful misconduct is any intentional or unlawful act. Willfulness can be express or implied. Includes violations of law and regulations such as theft and misappropriation of government property. A violation of law or regulation is not negligence per se. Examples of willful misconduct. A violation of law or regulation is not negligence per se. Soldier throws a teargas grenade into the mess tent to let the cooks know what he thought about breakfast, and as a result, the tent burns to the ground. Soldier steals a self-propelled howitzer, but he does not know how to operate it. Accordingly, his joyride around post results in damage to several buildings. Before a person can beheld liable, the facts must clearly show that a person’s conduct was the proximate cause of the LDDT. Proximate cause is based upon whether the LDDT was foreseeable. If the LDDT of property was a reasonably foreseeable consequence of the respondent’s misconduct or negligence, and LDDT to property actually occurred, then that misconduct or negligence is the proximate cause of the LDDT. Download 4.49 Mb. Share with your friends:
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