Legal Blog
The Georgia Tort Reform Act--Changes Made by SB68 and Their Effective Dates
On April 21, 2025, Governor Kemp signed the much-anticipated SB 68 and SB 69 into law as the Georgia Tort Reform Act. The new law codifying SB 68 contains 8 sections updating the rules of evidence, filing, discovery, and trials in personal injury cases in Georgia courts.
Tort Reform on the Governor’s Desk in Georgia
Senate Bills 68 and 69, two of the largest pieces of tort reform legislation in nearly 20 years, have officially passed the state’s Senate Judiciary Committee in an 8-3 vote.
Georgia Passes Law to Shield Businesses from COVID-19 Liability
The Georgia legislature recently passed a bill designed to shield healthcare facilities and other business entities from civil liability related to the spread of COVID-19. On August 5, 2020, Governor Brian Kemp signed the “Georgia COVID-19 Pandemic Business Safety Act,” which provides businesses with a general shield against civil tort lawsuits brought by members of the public, customers, or employees who alleged that they contracted or were exposed to the virus while on the premises.
Georgia Supreme Court Expands Potential Unlimited Punitive Damages in Civil Cases Involving an Intoxicated Defendant
In Reid v. Morris, Case No. S20A0107 (Ga. S. Ct., June 29, 2020), the Supreme Court of Georgia held that under Georgia’ s punitive damages statute, a defendant may be subject to unlimited punitive damages if he commits a tort while intoxicated—even if the tort does not involve driving under the influence. In this case, the two defendants, Stroud and Morris, were drinking together, and though Stroud knew Morris was drunk, had no license, and was known to be reckless, he gave Morris his car keys and let him drive. The plaintiff was injured when his vehicle was struck by the vehicle driven by Morris.
Summary Judgment in Rainy Day Slip and Falls May be a Thing of The Past
Plaintiff testified that she slipped on “standing water,” but could not describe the depth, width, or quantity of water.
Burden on The Insured/Plaintiff to Prove the at-Fault Driver Was an Uninsured Motorist
The solution-and liability insurers should take note-is for the plaintiff to obtain discovery “from the insurer regarding its efforts to contact its insured and its lack of success in securing cooperation.”
When an Uninsured Motorist Carrier Answers in its Own Name, it Must Do So Within the Time Provided or Risk Default Judgment
It is established law in Georgia that when an insurance company is served with a complaint as the plaintiff’s uninsured motorist carrier, the carrier has the option of answering in the name of the defendant, answering in its own name (and raising policy defenses), or filing no answer at all.
Plaintiff's Verdict in Trip And Fall Case Reduced Due to Evidence of Intoxication
This case exemplifies the age-old maxim: No good deed goes unpunished.