2022 Georgia Code
Title 51 - Torts
Chapter 1 - General Provisions
§ 51-1-5. Meaning of “Due Care” in Reference to Child of Tender Years
The term “due care,” when used in reference to a child of tender years, is such care as the child’s mental and physical capacities enable him to exercise in the actual circumstances of the occasion and situation under investigation.
History. Civil Code 1895, § 2901; Civil Code 1910, § 3474; Code 1933, § 105-204.
History of Code section.
The language of this Code section is derived in part from the decision in Western & A.R.R. v. Young, 83 Ga. 512 , 10 S.E. 197 (1889).
Law reviews.
For article discussing defenses to action for wrongful death in Georgia, see 22 Ga. B.J. 459 (1960).
For comment criticizing Powell v. Hartford Accident & Indem. Co., 217 Tenn. 503, 398 S.W.2d 727 (1966), and advocating subjective determination by jury of minor’s capacity to exercise due care on the highway, see 18 Mercer L. Rev. 518 (1967).
For comment criticizing Hatch v. O’Neill, 231 Ga. 446 , 202 S.E.2d 44 (1973), holding individual under age of criminal responsibility not civilly liable for willful torts, see 26 Mercer L. Rev. 367 (1974).
