March 23, 2025
On March 20, the Georgia House of Representatives passed Senate Bill 68, with changes, as part of Gov. Brian Kemp’s tort reform package to enact meaningful changes and curb lawsuit abuse. SB 68 is one of two bills in Gov. Brian Kemp’s tort reform package.
Because the bill was amended, it now must return to the Senate where they will consider whether to approve the following changes that were made to the originally proposed legislation sent to the House:
- Section 1 (anchoring) — Language was added to preserve counsel’s right to ask prospective jurors whether they could return a verdict that does not award damages or a verdict in excess of some unspecified amount, provided it is supported by the evidence. These arguments must be tied to a rational basis, which would presumably be determined by a judge as to what is considered rational.
- Section 5 (seat belt defenses) — A judge would determine whether evidence of seat belt usage is admissible, particularly if it may create unfair prejudice, confusion of issues or mislead the jury. It is expected that plaintiff attorneys will consistently object to the introduction of this evidence, leaving it up to the judge on whether to allow it.
- Section 6 (premise liability/negligent security) — The level of proof was changed from “clear and convincing evidence of foreseeability” to “reasonably should have known.” The bill still contains relatively strong reforms including guidance on jury apportionment of fault.
- Section 8 (bifurcation of liability and damages) — Protections were added allowing the court to reject requests to bifurcate trials if sexual assault victims would have to testify more than once or if the amount in controversy is less than $150,000.
- Section 9 — This allows causes of action under Sections 6 (premise liability) and 7 (phantom medicals) to apply only for those that arise on or after the effective date of the bill. Conversely, all other sections will apply immediately once the bill becomes law and will be applied to all open cases.
There were no significant changes to Sections 2, 3, 4 and 7.
The other important piece of tort reform legislation, Senate Bill 69, remains in the House committee though there has been bi-partisan support for it with its passage in the Senate by a vote of 52 in favor and 0 against.
It is critical for employers to stay informed about this tort reform effort. If your business has operations or exposure in Georgia, ensure you are engaged in this important legislative reform.
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