In all cases of bailment, after proof of loss by the bailor, the burden of proof is on the bailee to show proper diligence.
History. Orig. Code 1863, § 2037; Code 1868, § 2038; Code 1873, § 2064; Code 1882, § 2064; Civil Code 1895, § 2896; Civil Code 1910, § 3469; Code 1933, § 12-104.
Cross references.
Risk of loss in the absence of breach, § 11-2-509 .
Structure Georgia Code
Chapter 12 - Rights in Personalty
§ 44-12-40. “Bailment” Defined
§ 44-12-41. Bailment Contract as Entire; Performance as Condition Precedent to Action Upon It
§ 44-12-42. Rights of Bailee in Bailed Property; Actions to Enforce Rights
§ 44-12-43. Care Required of Bailees
§ 44-12-44. Burden on Bailee After Loss; Proper Diligence Standard
§ 44-12-45. When Act of God or Contract Exception Available as Defense