Ga. Gov. Brian Kemp (R) unveiled a package of tort reform legislation during a news conference at the state capital.
Kemp said the legislation he is proposing will level the playing field in the courtroom for large and small businesses while protecting the rights of individuals to pursue legal action when they are harmed.
“First, I believe that business owners have a responsibility to keep their customers and the public safe on their premises, but they should not be held liable for criminal acts of a third party outside of their control,” Kemp began. “Second, the legislation will protect the authority of our jurors to decide damages for pain and suffering, instead of attorneys on both sides of the case throwing out imaginary numbers in an attempt to influence the jury’s decision making.”
Kemp began working on tort reform in 2023 when he told the Georgia Chamber of Commerce it was the top item on his agenda for the 2024 legislative session. However, Kemp soon realized it would take more than one year to achieve his goal.
During the session, legislators passed House Bill 1114, the Data Analysis for Tort Reform Act. It tasked Insurance Commissioner John King with conducting a review of how existing laws impact business owners. That information was used to hold a series of community meetings across Georgia to hear how liability claims are impacting businesses and healthcare.
“One thing each day was abundantly clear, the cost of insurance is crippling many businesses in this state who are already struggling to stay afloat with the high cost of inflation and policies that we’re going to change,” said Jon Burns, Speaker of the Georgia House who joined Kemp at the news conference. “We know that sensible lawsuit reform is needed to return stability to our insurance market and balance to our courtrooms. We’re looking forward to supporting Governor Kemp and his comprehensive plan that will continue to balance the scales of justice and stabilize insurance rates in Georgia, all the while protecting the rights of Georgians with legitimate claims for damages.”
A news release from Georgians for Lawsuit Reform praised the governor’s tort reform package saying it will fix the state’s broken legal system while also reduce the cost of frivolous lawsuits on businesses, consumers, and healthcare providers.
“Governor Kemp’s leadership on tort reform is a game-changer for Georgia’s business and healthcare climate,” the release quoted James Beal, Executive Director of GLR. “This legislation will rein in lawsuit abuse, provide much-needed relief for employers, and improve access to critical services like healthcare and housing, all while ensuring that those with legitimate claims can still receive equitable justice.”
Leaders of the Georgia Senate Democrats disagree, saying lawsuits deemed frivolous by Republicans deny Georgians their day in court.
“A plaintiff is a Georgian who has been harmed,” said Georgia Senate Minority Leader Harold Jones II in a news release. “A plaintiff is somebody who has suffered catastrophic harm in many cases. What the Governor was saying was, ‘These Georgians have suffered but do not need as much, because the insurance industry now has complaints,’” with Jones adding, “Today could not be any clearer, the difference between these two parties. We are actually talking about things that actually uplift people, and the Governor and Republicans are talking about issues that deprive people of their right to the courthouse and deprive them of compensation for a real injury they have suffered.”
Georgia Senate President Pro Tem has introduced the Governor’s legislation. It is available at www.legis.ga.gov/legislation/69756
