A sharply divided Georgia Senate passed a comprehensive tort reform bill Friday that is Republican Gov. Brian Kemp’s top priority for the 2025 General Assembly session, the Capitol News Service reported.
The big picture: Senate Bill 68, which the Senate’s GOP’s majority passed 33-21 along party lines, is aimed at stopping legal system abuse that is raising personal lines and commercial lines insurance premiums across the Peach State.
Bill highlights: The broad legislation contains a number of key provisions, including:
- Prohibits plaintiff lawyers in a civil lawsuit from asking a jury for a specific amount of damages until closing arguments.
- Requires judges to rule on motions to dismiss a case filed by defense lawyers before the start of what tends to be an expensive discovery process.
- Forbids plaintiff lawyers from filing motions to dismiss a case and refiling a lawsuit after the jury has been seated and opening statements have taken place.
- Prevents lawyers for either side from seeking double recoveries of attorney fees from the other side.
- Allows defense lawyers to introduce into evidence whether a plaintiff injured in an auto accident was wearing a seat belt.
- Establishes “premises liability” guidelines for when plaintiffs can sue business owners for negligence due to injuries suffered from criminal acts committed by a third party outside of the defendant’s control.
What they’re saying: “This legislation is not about protecting corporate profits. It’s not about caving in to the demands of insurance companies or denying Georgians their ability to be fully and fairly compensated when they need to go to court,” said Georgia Senate President Pro Tempore John Kennedy (R-Macon), the bill’s chief sponsor, responding to criticism of the measure leveled by Democratic lawmakers and trial lawyers. “Instead, it’s about stabilizing costs and putting all Georgians, no matter where your ZIP code is, first.”
What we’re saying: “Legal system abuse has been running rampant in Georgia for many years due to the marketing tactics of billboard attorneys,” Triple-I’s Mark Friedlander told BestWire. “This is negatively impacting the cost of private passenger auto, homeowners and commercial insurance premiums. It is costing every Georgian $1,415 a year in a ‘tort tax’, as well as leading to the elimination of 137,000 jobs annually across the state.”
What’s next: The Georgia House of Representatives will begin debate on SB 68. A second bill that would limit third-party funding of lawsuits has not yet come before the full Senate.
Go deeper: Read Triple’s Georgia Issues Brief for insights on how legal system abuse is impacting affordability for Georgia consumers and business owners.