When you face charges for reckless or careless behavior leading to injury or harm to another, our Plantation culpable negligence Lawyers are here to assist you. We can help you navigate the intricacies of State law and build the strongest possible defense for you.
Our knowledgeable criminal defense Attorneys at Leifert & Leifert are here to protect your rights. We will conduct thorough investigations, analyze evidence, and advocate for you in court to achieve the best possible outcome for you and your family.
What is Culpable Negligence?
Culpable negligence relates to reckless or careless behavior that demonstrates a disregard for the safety of others and results in harm or injury.
Floridian culpable negligence law is defined under Florida Statute 784.05 as: “Whoever, through culpable negligence, exposes another person to personal injury commits a misdemeanor of the second degree.” This statute dictates that if an individual’s actions, through culpable negligence, expose another to the injury, they will be charged with a second-degree Misdemeanor.
Generally, culpable negligence is disregard for the foreseeable consequences of one’s actions. It is more severe than ordinary negligence and can lead to criminal charges. An Attorney in Plantation can review the consequences and examples of culpable negligence with you in a consultation.
Culpable negligence can be seen in a variety of scenarios. Some examples include:
Improper Firearm Safety
One example is improper firearm safety. If there is a loaded firearm within reach of children or adults who are not trained in handling such weapons, and the negligence results in injury or death, it is culpable negligence.
Car Accidents
Regular car accidents usually involve negligence. Culpable negligence goes a step beyond ordinary negligence and involves a conscious disregard or indifference to the consequences of one’s actions. For example, there may be culpable negligence when the driver is speeding, operating a vehicle under the influence of drugs or alcohol, or engaging in angry driving, also known as “road rage.”
Failed Supervision in Care Facilities
In nursing homes or daycare facilities, there may be culpable negligence if there is a failure to adequately supervise children or the elderly, leading to injury or harm.
Healthcare Errors
Healthcare professionals also have a heightened standard of care for patients. If a healthcare professional fails to provide the appropriate standard of care, it may result in culpable negligence. Examples may be egregious surgical errors, medication errors, failure to receive informed consent, and failure to diagnose.
Penalties for Culpable Negligence
The penalties vary depending on the harm caused and the severity of the negligence. Common charges include civil liability, criminal charges, or both.
If you harm another person, you may face criminal charges. Less severe cases of culpable negligence may result in misdemeanor charges. Misdemeanor charges are usually punishable by imprisonment for up to one year and fines.
Severe culpable negligence cases involve more egregious acts (or omissions) that show a high level of recklessness to the consequences. In these cases, the negligent behavior caused significant harm to another, such as death, serious injury, or a large amount of property damage. More severe cases may result in felony charges, which can lead to imprisonment, fines, probation, and other penalties.
Apart from criminal charges, culpable negligence can lead to civil lawsuits filed by the injured party. In such cases, the plaintiff is looking for compensation for their injury, such as medical expenses, loss of consortium, lost wages, pain and suffering, and other losses resulting from the reckless act.
Apart from criminal and civil charges, you could lose your professional licenses, face disciplinary actions, and suffer reputational loss. Therefore, you should consult a Lawyer who can take on your culpable negligence case in Plantation and create a defense to mitigate potential penalties.
Speak With a Plantation Attorney About Culpable Negligence Today
Our Plantation culpable negligence lawyers will work tirelessly to protect your rights. We conduct thorough investigations, analyze evidence, and develop strong arguments to achieve the best possible outcomes for you and your family. Please call us today to schedule a consultation.
