Understanding the Difference Between Civil and Criminal Negligence
Negligence can have disastrous consequences, both criminally and civilly.
Criminal negligence can lead to arrest, felony or misdemeanor charges, incarceration, and much more.
Civil negligence, while it does not include the police, can still include time spent in court. A person can sue another in civil court for negligence, seeking payment for any damage.
What Does Negligence Mean?
Legally speaking, negligence is a failure to use reasonable care. It can be as small as forgetting a lid when re-heating pasta and having to clean red sauce out of the microwave. Or it can be as big as forgetting to take an infant out of the car.
While small acts of negligence will not have consequences that impact your life as a whole, larger acts can have legal repercussions. If your negligence harms someone else or puts other people in danger, you could be facing criminal charges or civil suits.
What Is Criminal Negligence?
Criminal negligence happens when someone acts, or fails to act, with the same care that a reasonable person would use in that situation. These actions must be willful, meaning that the person understands the risks but ignores the possible consequences of their actions.
Some examples of criminal negligence are:
- A person is speeding and hits another person, killing them. This is negligent homicide.
- In order to join a group on campus someone forces a student to drink so much they have to be hospitalized. This is criminal hazing.
- A person sets off fireworks and burns down a neighborhood park. This is reckless burning.
- A child is left in a car and nearly dies from heat exhaustion. This is child abandonment or neglect.
What Is Civil Negligence?
Civil negligence is when a person or company breaches their “duty of care.” This means they did not act reasonably to ensure that other people and their property would not be hurt by their actions. Negligence in civil cases can also apply to contracts. If the other person acts negligently and therefore cannot fulfill a contract, it can be considered civil negligence.
Some examples of civil negligence are:
- Not shoveling the walkway of your home and a pizza delivery person slips, breaking their leg. They could potentially sue for personal injury.
- Some kids decide to play a game where they kick over mailboxes. Their parents could be sued for property damage.
- A makeup artist is contracted for a morning wedding, she doesn’t set her alarm and misses the time. The bride sues for breach of contract.
When Do You Need a Lawyer?
If you are facing criminal negligence charges, a defense attorney will help you navigate the criminal courts, build a strong case, and ensure that your paperwork is properly filed. They are going to help you get the best possible outcome for your case.
In civil suits, your lawyer will help you gather evidence and build arguments to fight your case. They will help you get the money you need to put your life back together after another person’s negligence destroyed it.
Van Norman Law Firm is Here For You
Being charged with criminal negligence can have effects throughout your life. Both misdemeanors and felonies can lead to incarceration, and hurt your wallet with the fines, fees, and restitutions that might be owed. Here at Van Norman Law Firm, we understand facing a legal battle can be hard and confusing. We have over 25 years of experience in the Arizona criminal courts. Contact us today for a consultation on your case.
Images used under creative commons license – commercial use (2/18/25). Photo by Lujia Zhang on Unsplash.