51-1-4. Slight diligence and gross negligence defined.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

In general, slight diligence is that degree of care which every man of common sense, however inattentive he may be, exercises under the same or similar circumstances. As applied to the preservation of property, the term ‘‘slight diligence’’ means that care which every man of common sense, however inattentive he may be, takes of his own property. The absence of such care is termed gross negligence.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 2036; Code 1868, § 2037; Code 1873, § 2063; Code 1882, § 2063; Civil Code 1895, § 2900; Civil Code 1910, § 3473; Code 1933, § 105-203.

Law reviews

For article, ‘‘The Georgia Jury and Negligence: The View from the Bench,’’ see 26 Ga. L. Rev. 85 (1992). For article, ‘‘Georgia Law Needs Clarification: Does it Take Willful or Wanton Misconduct to Defeat a Contractual ‘Exculpatory’ Clause, or Will Gross Negligence Suffice,’’ see 19 Ga. St. B. J. 10 (Feb. 2014). For comment on Caskey v. Underwood, 89 Ga. App. 418, 79 S.E.2d 558 (1954), finding that the lower court erred in defining gross negligence as the ‘‘entire absence of care,’’ see 16 Ga. B. J. 464 (1954). 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).

Other notes

History of Code section.: The language of this Code section is derived in part from the decision in Harris v. Reid, 30 Ga. App. 187, 117 S.E. 256 (1923).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, pages 31 to 32; merge action: annotated; file SHA-256 bc30a40687b2.

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