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.)
O.C.G.A. § 51-1-5
Meaning of “due care” in reference to child of tender years
of Code section. — The lan- 503, 398 S.W.2d 727 (1966), and advocatguage of this Code section is derived in ing subjective determination by jury of part from the decision in Wes…
Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.