8.9. Culpable Negligence
This is a Florida Jury Instructions form that can be used for 08 Assault And Battery within Criminal.
Last updated: 2/28/2006
8.9 CULPABLE NEGLIGENCE 784.05 , Fla. Stat. To prove the crime of Culpable Negligence, the State must prove the following two elements beyond a reasonable doubt: 1. [Name of defendant] a. [exposed [name of victim] to personal injury.] b. [inflicted actual personal 2. [Name of defendant] did so through culpable negligence. Actual injury is not required. I will now define culpable negligence for you. Each of us has a duty to act reasonably toward others. If there is a violation of that duty, without any conscious intention to harm, that violation is negligen But culpabce. le negligence is more than a failure to use ordinary care for others. In order for negligence to be culpable, it must be gross and flagrant. Culpable negligence is a course of conduct showing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects, or such an entire want of care as to raise a presumption of a conscious indifference to consequences, or which shows wantonness or recklessness, or a grossly careless disregard of the safety and welfare of the public, or such an indifferen ce to the rights of others as is equivalent to an intentional violation of such rights.