California, United States of America
The following excerpt is from Sea Horse Ranch, Inc. v. Superior Court, 24 Cal.App.4th 446, 30 Cal.Rptr.2d 681 (Cal. App. 1994):
Such criminal negligence is of a higher order of culpability than ordinary civil negligence (People v. Penny (1955) 44 Cal.2d 861, 879, 285 P.2d 926) and is measured objectively: if a reasonable person would have been aware of the risk, the defendant is presumed to have had that awareness. (See Walker v. Superior Court (1988) 47 Cal.3d 112, 136-137, 253 Cal.Rptr. 1, 763 P.2d 852.)
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