Negligence – What Is It?

A person may cause damage or commit a criminal offense either intentionally or through negligence. It is therefore a form of culpability. Culpability is the internal attitude of a person toward the specific action they have taken. It occurs both in civil law regarding damages and in criminal law. While intent is generally required to commit a criminal offense, selected crimes can be committed through negligence. Conscious negligence means that the acting person knew they could cause damage or commit a criminal offense, but relied on the assumption that it would not happen. Unconscious negligence means that the acting person did not know that their actions could cause damage or commit a criminal offense, but they could and should have known.

Practical Example

A typical example is a situation where a motor vehicle driver overlooks a pedestrian and strikes them at a crosswalk. This often constitutes the criminal offense of negligent bodily harm.

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JUDr. Marek Matěna

Attorney and founder of a law firm providing legal services in all major areas of law. He focuses primarily on contract law, family law, criminal law, debt recovery, damages, and intellectual property. His passion is sports law, which he practices not only for his clients but also within the football authorities of which he is a member. The fundamental mission of the law firm is to help prevent clients' legal problems and, if they already exist, to resolve them to their utmost satisfaction. More about me.

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