What is negligence under Georgia law?

Attorney Richard Armond of The Armond Firm, LLC, is licensed to practice law in the State of Georgia. Based in Gwinnett County, he handles serious injury and wrongful death cases throughout metro Atlanta and the State of Georgia. Call him for a free consultation at (678) 661-9585.

What is negligence under Georgia law?

O.C.G.A. § 51-1-2 defines “ordinary negligence” as follows: “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.”

Further, O.C.G.A. § 51-1-3 defines “slight negligence” as follows: “In general, extraordinary diligence is that extreme care and caution which very prudent and thoughtful persons exercise under the same or similar circumstances. As applied to the preservation of property, the term "extraordinary diligence" means that extreme care and caution which very prudent and thoughtful persons use in securing and preserving their own property. The absence of such extraordinary diligence is termed slight negligence.”

Also, O.C.G.A. § 51-1-4 defines “gross negligence” as follows: “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.”

These three basic definitions are not the only types of negligence under Georgia law (e.g. criminal negligence), but form the basis of many causes of action for those injured by others. For most cases the at-fault party does not have to intend to cause the injury; there merely has to be actionable negligence. Negligence can be simply summarized as having the following elements: (1) duty, (2) breach, (3) causation, and (4) damages.

If you or a loved one have been hurt or injured and would like to speak with an attorney about whether the other party may be responsible through a negligence action or some other cause of action contact attorney Richard Armond at (678) 661-9585 for a free consultation.

The information above is for informational purposes only and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.