Culpable Negligence Law & Legal Definition


Culpable negligence means recklessly acting without reasonable caution and putting another person at risk of injury or death (or failing to do something with the same consequences).

It is the omission to do something which a reasonable, prudent and honest man would do, or the doing something which such a man would not do under all the circumstances surrounding each particular case. [State v. Emery, 78 Mo. 77, 80 (Mo. 1883)]

"The term culpable negligence should be construed to mean a negligence of a higher degree than that which in civil cases is held to be gross negligence, and must be a negligence of a degree so gross as to be tantamount to a wanton disregard of, or utter indifference to, the safety of human life." [Smith v. State, 197 Miss. 802 (Miss. 1945)]