Tort Reform on the Governor’s Desk in Georgia
03/21/25 Update: SB68 has now passed in the House and Senate and is awaiting signature by the Governor.
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. On January 30th, Governor Brian Kemp announced the details of a comprehensive tort reform plan aimed at enhancing fairness in Georgia's legal system and stabilizing insurance costs for both businesses and consumers. According to the U.S. Chamber of Commerce’s Institute of Legal Reform, Georgia’s tort costs reached nearly $20 billion in 2022, which accounts for 2.60% of the state’s GDP. The proposed legislation will make several changes to tort litigation in an attempt to create a more balanced courtroom environment by making significant changes across various titles of the Official Code of Georgia Annotated, specifically Titles 9 (Civil Practice), 13 (Contracts), 40 (Motor Vehicles), and 51 (Torts).
Here are some of the key provisions contain in SB 68 and SB 69:
Limitations on Pain and Suffering Testimony: The bill seeks to establish constraints on testimony related to pain and suffering in civil cases, aiming to standardize and potentially reduce subjective assessments of non-economic damages.
Revisions to Civil Practice Procedures: SB 68 proposes adjustments to the timing of answers and discovery processes in civil litigation, intending to streamline procedures and enhance efficiency in the judicial system.
Provisions for Dismissal of Civil Actions: The bill outlines specific conditions under which civil actions may be dismissed, which could impact the duration and outcome of litigation.
Updates to Liability and Damages Calculations, Including Admissibility of Seatbelt Evidence: SB 68 aims to revise existing statutes concerning liability and the assessment of damages in tort cases, potentially affecting how fault and compensation are determined. One major change, which is long overdue, and which will inure to the benefit of many of our clients, will be allowing for evidence of whether a plaintiff was wearing a seatbelt in motor vehicle accident cases. This will put an end to the era where plaintiffs whose injuries were much more severe because they failed to wear their seatbelt can hide that fact from a jury.
The bill has received widespread support from the defense bar as well as local business associations. “This bill will protect both business owners and consumers from frivolous lawsuits, ensuring a more fair legal system,” stated the Georgia Restaurant Association in a LinkedIn post after the Governor’s announcement. “We look forward to collaborating with the governor to advance this critical legislation!” Critics of the bill express concerns for plaintiffs’ rights and skepticism that the reform will create any economic benefit for the average Georgian.
Sources:
1 Governor Kemp Unveils Plan to Tackle Tort Reform and Stabilize Insurance Costs for Hardworking Georgians: https://gov.georgia.gov/press-releases/2025-01-30/gov-kemp-unveils-plan-tackle-tort-reform-and-stabilize-insurance-costs
2 The Growing Burden of Tort Costs on Georgia Households: A Call for Reform: https://instituteforlegalreform.com/blog/the-growing-burden-of-tort-costs-on-georgia-households-a-call-for-reform/
3 The full text of the legislation can be found at: https://www.legis.ga.gov/legislation/69756.