What is an Example of Culpable Negligence in Florida?
Culpable negligence laws vary from state to state, leading many people to wonder what is an example of culpable negligence in Florida? Culpable negligence in Florida involves someone demonstrating reckless behavior with disregard for another person’s life and safety. If such behavior causes an injury or exposes another party to an injury, it leads to penalties.
Working with a criminal defense lawyer can help you understand how culpable negligence works and help you build a strong defense.
Common Examples of Culpable Negligence
The following examples illustrate how culpable negligence works. However, each situation is different and requires a special approach to investigation and defense, which is where a lawyer’s skills and knowledge are indispensable.
Child Endangerment in Florida
Florida Statute 827.03 defines child neglect as someone who willfully or by culpable negligence neglects a child and, in doing so, causes great bodily harm, permanent disability, or permanent disfigurement. As one example, a caregiver leaves a young child alone in a vehicle on a hot day. The child sustains a serious heatstroke. The person’s disregard for the child’s safety creates a foreseeable risk of serious harm.
Reckless Handling of Firearms
Florida has some of the United States’ highest rates of gun ownership. If a parent leaves a loaded firearm in an unlocked drawer, this action makes it accessible to children. If the child finds a gun, fires it, and injures a passerby, that is an example of failing to secure the firearm and demonstrates reckless disregard for the safety of others.
Providing Alcohol to Minors
An adult hosts a party and supplies alcohol to minors, one of whom later drives and causes a serious accident. The adult’s actions may have directly contributed to creating a dangerous situation, which may qualify as culpable negligence in Florida.
Neglecting Workplace Safety
A construction site manager fails to secure scaffolding. An employee falls and suffers severe injuries. The failure to address safety issues puts workers at an obvious and preventable risk of harm.
Texting while Driving
A driver uses their cell phone to write a message to a friend. This keeps their eyes off the road and leads to an accident. The driver knowingly put other traffic participants in danger and caused serious damage.
Penalties for Culpable Negligence in Florida
Penalties you could face after being convicted of culpable negligence in Florida differ depending on the circumstances of the incident.
Exposure to Injury
If you just exposed the person to the personal injury but that person did not get hurt, you could be charged with a second-degree misdemeanor. The punishment for this crime is up to 60 days in jail and a fine of up to $500.
Caused Injury
If your negligent actions led to a personal injury, you could be charged with a first-degree misdemeanor. In Florida, the penalty can include up to one year in jail and one year of county probation. You may also need to pay a fine of up to $1,000.
Firearm Injury
If you stored or left the firearm within easy reach of a minor, and that minor used the weapon to cause an injury, then you could be convicted of a third-degree Felony. The potential punishment for this crime is up to five years in prison and a fine of up to $5,000.
Learn More about Culpable Negligence from a Legal Team
Culpable negligence can lead to serious penalties. Besides dealing with incarceration and fines, you could also be liable for covering damages that other people sustained due to your negligent actions.
If you were charged with a crime related to culpable negligence, you need to protect your rights. To avoid an unfair penalty, speak with an experienced criminal defense attorney who can help you determine what is an example of culpable negligence in Florida, and whether these examples apply to your situation.
At Leifert & Leifert, we have decades of experience defending people in culpable negligence cases. To schedule a free consultation, please contact us at any time.
