Fahrlässigkeit

Fahrlässigkeit, a German legal term, translates to negligence in English. It describes a failure to exercise the care that a reasonably prudent person would exercise in similar circumstances. This concept is central to both civil and criminal law in Germany.

In civil law, fahrlässigkeit forms the basis for establishing liability for damages. If an individual's negligent conduct causes harm to another, they may be required to compensate the injured party. The key element is the breach of a duty of care. This duty is not absolute but rather what a reasonable person would have done to avoid foreseeable harm.

In criminal law, fahrlässigkeit can lead to criminal liability, though it is generally punished less severely than intentional wrongdoing. For criminal negligence, the standard is often described as a "gross disregard" for the consequences of one's actions or a failure to observe the required standard of care that is objectively noticeable and blameworthy. The distinction between simple and gross negligence can be important for determining the specific criminal offense and its penalty. The focus is on the objective standard of conduct rather than the subjective intent of the perpetrator.