Tort Reform in Georgia 2025

Governor Brian Kemp has stated that tort reform is his top priority this year.  Kemp argues that tort reform will reduce insurance premiums, which will, in turn, reduce costs for consumers.  In late January, he announced the package he is proposing to the legislature; from the website of the Office of the Governor:

• Reevaluates the Standard for Negligent Security Liability (“Premises Liability”): Ensures businesses should only be liable for what they directly control. If signed into law, the legislation would hold property owners liable for failures to keep their property safe for their customers and the public but protect establishments for simply opening their doors and employing hardworking Georgians in communities and neighborhoods that need them.
• Truthful Calculation of Medical Damages in Personal Injury Cases  (“Phantom Damages”): Requires the plaintiff to only seek damages in the amount actually paid (or will be paid in the future) for a medical bill, rather than the inflated amount that is currently introduced in evidence – ensuring Georgians who are successful in their litigation are made whole, and have their costs covered, while protecting consumers from inflated costs being passed on to them. 
• Eliminates the Ability to Arbitrarily Anchor Pain and Suffering Damages to a Jury (“Anchoring”): Prohibits the use of anchoring tactics by attorneys in closing arguments so the jury can use their own discretion—rather than artificial benchmarks like the cost of fighter jets, or the number of miles a truck drove, or the salary of a professional athlete—all of which are real examples from cases. 

• This bill does NOT place ANY limit on the jury’s discretion. In fact, the Governor’s legislation protects the jury’s decision making from irrelevant and improper arguments from counsel – empowering the jury to decide an award amount on their own.

• Bifurcated Trials: Permits a party in a case to move for bifurcation of the trial, so that liability must be established before the jury hears evidence detailing the extent of the plaintiff’s damages. This clarifies important procedure in the courtroom and gives both sides of a case the same opportunity to have their arguments heard.
• Allow a Jury to Know Whether the Plaintiff Wore Their Seatbelt (“Admissible Seatbelt Evidence”): Remove the current exclusion from the evidence code that prevents the defendant from showing evidence the plaintiff was not wearing his or her seatbelt in an auto accident. Allowing admission of seatbelt evidence at trial may be used by the defense to mitigate damages, particularly where the plaintiff’s failure to use this essential safety feature results in significantly worse injuries for the plaintiff.  
• Eliminate Double Recovery of Attorney’s Fees: Closes an important loophole that allowed plaintiff’s counsel to recover their fees twice for the same lawsuit. Courts will remain able to award attorney fees—but only once.
• Eliminate Plaintiff Dismissal During Trial: Amends the timeline for voluntary dismissals – putting an end to the practice of plaintiffs dismissing a case and refilling in or “cherry pick” a more favorable jurisdiction to them after the defense has already racked up the cost of preparing and beginning the trial.
• Motion to Dismiss Timing Changes: Changes the civil practice act to allow a defendant to file a motion to dismiss in lieu of an answer – cutting down unnecessary discovery expenses while a motion to dismiss is pending.
• Reforming and Bringing Transparency to Third Party Litigation Funding: 

• First, the legislation bans hostile foreign adversaries from using our litigation climate to undermine our vital security and economic interests – protecting Georgia businesses and consumers from foreign actors who may fund litigation to obtain trade secrets or advance their own political interests against the interests of the citizens of this state.
• Second, the legislation protects consumers from predatory lenders that want to take advantage of litigants in vulnerable situations by prohibiting litigation funders from having any input into the litigation strategy or from taking the plaintiff’s whole recovery and making sure plaintiffs are aware of their rights.
• Third, increases transparency for all parties—the courts, opposing litigants, and the plaintiffs themselves.

I will post my initial thoughts about the package soon.  Tyler Wilkins, of the Atlanta Business Chronicle, is following the story and a is good source for coverage.