2022 Georgia Code
Title 51 - Torts
Chapter 1 - General Provisions
§ 51-1-2. Ordinary Diligence and Ordinary Negligence Defined

Universal Citation:
GA Code § 51-1-2 (2022)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

In general, ordinary diligence is that degree of care which is exercised by ordinarily prudent persons under the same or similar circumstances. As applied to the preservation of property, the term “ordinary diligence” means that care which every prudent man takes of his own property of a similar nature. The absence of such diligence is termed ordinary negligence.

History. Orig. Code 1863, § 2034; Code 1868, § 2035; Code 1873, § 2061; Code 1882, § 2061; Civil Code 1895, § 2898; Civil Code 1910, § 3471; Code 1933, § 105-201.

History of Code section.

The language of this Code section is derived in part from the decision in Southern Ry. v. Hill, 139 Ga. 549 , 77 S.E. 803 (1891).

Law reviews.

For comment on Austin v. Smith, 96 Ga. App. 659 , 101 S.E.2d 169 (1958), concerning gross negligence in relation to gratuitous automobile guest, see 20 Ga. B. J. 552 (1958).

For comment on Planter’s Elec. Membership Corp. v. Burke, 98 Ga. App. 380 , 105 S.E.2d 787 (1958), see 22 Ga. B. J. 249 (1959).

For comment on Thomas v. Shaw, 217 Ga. 688 , 124 S.E.2d 396 (1962), see 25 Ga. B. J. 221 (1962).

For case note, “Lynch v. Waters: Tolling Georgia’s Statute of Limitations for Medical Malpractice,” see 38 Mercer L. Rev. 1493 (1987).

For article, “The Georgia Jury and Negligence: The View from the Bench,” see 26 Ga. L. Rev. 85 (1992).

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