The Georgia House of Representatives has advanced a significant legislative piece, revising the tort reform measures.
According to 11 Alive, the revised SB 68, which aims to modify lawsuit judgments and processes benefiting businesses, now proceeds to the Senate for approval.
Governor Brian Kemp emphasized the urgency of this reform as his principal initiative for this term, citing the looming economic threats without such changes.
Governor Brian Kemp lauded the bill's passage through the House, marking a pivotal moment for his administration. "Georgia's economic success is a lot like football. To quote coach Kirby Smart, 'Humility is only a week away.' And there are storm clouds on the horizon. Failure to act on meaningful tort reform will continue to put Georgians and their livelihoods in serious jeopardy," stated Governor Kemp. This statement underscores his belief in the necessity of the bill for economic stability.
However, not all feedback has been positive. The Georgia NAACP, led by President Gerald Griggs, has voiced significant concerns regarding the bill's implications. They argue that the proposed amendments may protect negligent businesses at the expense of victims and taxpayers.
Here is what Gerald Griggs had to say about the bill:
"Harms victims by limiting fair compensation, protecting negligent parties, and shifting costs to taxpayers" and "undermines justice and the jury’s role, prioritizing corporate profits over accountability."
Critics further express doubts about the bill's ability to lower insurance rates. They also fear it may hinder victims' capacity to secure just compensation, particularly alarming for vulnerable groups like sex trafficking victims. Despite opposition, an exemption for trafficking victims has been added to the bill, showcasing an attempt to address these concerns.
SB 68 proposes establishing new benchmarks for payouts in lawsuits and introduces several procedural amendments. These include necessitating proof of prior knowledge of security risks by businesses for misconduct or injury claims and altering the trial processes to separate damage determination from liability assessment.
These changes are designed to streamline court proceedings and potentially reduce insurance costs.
Special provisions have been made in the bill regarding sex offenses, where judges may opt to merge the separate processes under specific conditions. The legislation also allows attorneys to discuss monetary values for noneconomic damages early in the trial and to inquire jurors about possible awards during deliberations.
Among other procedural changes, SB 68 requires the disclosure of health insurance or alternative means covering medical bills during lawsuits. Additionally, lawyers may now reference whether a car accident victim was wearing a seatbelt, pending the judge's approval.
Despite the bill’s passage in the House with a relatively narrow vote of 91-82, and earlier in the Senate by 33-21, the amendments carry significant implications for both the state’s judicial system and its economic environment.
As the bill returns to the Senate for final approval, legislators are poised to make a decisive move that could reshape Georgia's approach to tort law, balancing economic interests against the rights and protections of victims.
