Verschulden

Verschulden is a German noun that denotes fault or culpability attributed to a person for an act or omission that caused harm or violated a duty. It covers both intentional wrongdoing and negligent behavior and is used in legal language as well as in everyday speech.

In civil law, Verschulden is often the key element for liability: if someone damages another person through their fault, they may be required to compensate. There are, however, forms of liability that do not depend on fault, such as strict liability or Gefährdungshaftung, where responsibility can arise regardless of intent or negligence.

In criminal law, Verschulden refers to the mental state necessary for culpability. It typically encompasses intent (Vorsatz) and negligence (Fahrlässigkeit). The assessment of Verschulden influences verdicts and the severity of punishment, with different offenses requiring varying degrees of culpability.

Etymologically, Verschulden derives from Schuld, meaning guilt or debt. The prefix ver- signals attribution or direction. In usage, Verschulden can appear in phrases like “Verschulden an einem Unfall tragen” or “Verschulden haben,” meaning to bear or be at fault for an incident or wrongdoing. The term thus encapsulates the normative assessment of blameworthiness in both everyday language and legal contexts.