GA Code § 51-1-5 (2021)
2021 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.   (Civil Code 1895, § 2901; Civil Code 1910, § 3474; Code 1933, § 105-204.)   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).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Contributory Negligence   Duty of Care Owed to Children   Jury Instructions   Child's Negligence as Jury Question    RESEARCH REFERENCES   Am. Jur. 2d.   - 57A Am. Jur. 2d, Negligence, §§ 180, 189 et seq.   C.J.S.   - 65 C.J.S., Negligence, §§ 78, 130 et seq.   ALR.    - Automobiles: liability of parent for injury to child's guest by negligent operation of car, 2 A.L.R. 900; 88 A.L.R. 590.    Intervening act of child as affecting question of proximate cause of damage to the person or property of third person by fire or explosion, 8 A.L.R. 1250.    Duty of carrier to guard young children against danger of falling from car, 28 A.L.R. 1035.    Duty to guard against danger to children by electric wires, 49 A.L.R. 1053; 100 A.L.R. 621.    Liability for injury to child guest on one's premises, 60 A.L.R. 108.    Negligence or contributory negligence of parent in intrusting child to custody of another child, 123 A.L.R. 147.    Liability for injury to child by automobile left unattended in street or highway, 140 A.L.R. 538.    Child's violation of statute or ordinance as affecting question of his negligence or contributory negligence, 174 A.L.R. 1170.   Liability for injury by explosive or the like found by, or left accessible to, a child, 10 A.L.R.2d 22.   Railroad's duty to children walking longitudinally along railroad tracks or right of way, 31 A.L.R.2d 789.   Liability to patron of scenic railway, roller coaster, or miniature railway, 66 A.L.R.2d 689.   Standard for judging conduct of minor motorist charged with gross negligence, recklessness, willful or wanton misconduct, or the like, under guest statute or similar common-law rule, 97 A.L.R.2d 861.   Age of minor operator of automobile or other motor-powered vehicle or craft as affecting his primary or contributory negligence, 97 A.L.R.2d 872.   Contributory negligence of child injured while climbing over or through railroad train blocking crossing, 11 A.L.R.3d 1168.   Age and mentality of child as affecting application of attractive nuisance doctrine, 16 A.L.R.3d 25.   Duty of possessor of land to warn child licensees of danger, 26 A.L.R.3d 317.   Railroad's liability for injury to or death of child on moving train other than as paying or proper passenger, 35 A.L.R.3d 9.   Weapons: application of adult standard of care to infant handling firearms, 47 A.L.R.3d 620.   Liability for injury or death in shooting contest or target practice, 49 A.L.R.3d 762.   Excessiveness and adequacy of damages for personal injuries resulting in death of minor, 49 A.L.R.3d 934.   Lawn mowing by minors as violation of child labor statutes, 56 A.L.R.3d 1166.   Infant as guest within automobile guest statutes, 66 A.L.R.3d 601.   Landlord's liability to tenant's child for personal injuries resulting from defects in premises, as affected by tenant's negligence with respect to supervision of child, 82 A.L.R.3d 1079.   Liability of youth camp, its agents or employees, or of scouting leader or organization, for injury to child participant in program, 88 A.L.R.3d 1236.   Liability for injury to or death of child from electric wire encountered while climbing tree, 91 A.L.R.3d 616.   Products liability: toys and games, 95 A.L.R.3d 390.   Modern trends as to tort liability of child of tender years, 27 A.L.R.4th 15.   Modern trends as to contributory negligence of children, 32 A.L.R.4th 56.   Excessiveness and adequacy of damages for personal injuries resulting in death of minor, 49 A.L.R.4th 1076.