During the Battle of Copenhagen in 1801, Vice Admiral Nelson’s superior raised a signal flag ordering Nelson to cease his attack and disengage. Nelson intentionally placed his telescope over his blind eye to avoid seeing the order and continued his assault against the enemy. Nelson’s “turning a blind eye” ultimately resulted in a British victory. For others, however, turning a blind eye, or their willful blindness, has resulted in their serving time in prison. And for others, turning a blind eye has resulted in their being exposed to civil liability.
In American (and English) jurisprudence “willful blindness” is the equivalent of actual knowledge where a person deliberately avoided information about the fact that would otherwise be obvious. Negligence or mistake will not establish willful blindness. Willful blindness is established, however, where it is shown that there was a deliberate effort to remain ignorant of the critical facts.
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