Gov. Brian Kemp’s top priority for the 2025 legislative session is headed to his desk for his signature with two weeks left in this session. The Georgia Senate agreed to the House version of Senate Bill 68 Friday by a 34-21 vote, and Kemp’s sweeping overhaul of the state legal system is almost in the books.
The House narrowly passed the legislation that brings changes to civil litigation rules by a 91-82 vote late last week, but approved it after a few tweaks by a special Rues Subcommittee on Legal Reform.
“Today, we finished the drill and got tort reform across the finish line,” said Senate Pro Tem John F. Kennedy, R-Macon, who championed the legislation. “Republicans are committed to lowering costs for Georgia families and leveling the playing field in our civil justice system.”
Kemp took to social media immediately following the agree by the Senate Friday morning to thank those who moved to get the legislation through both Chambers. “Thank you to Sen. John Kennedy, Lt. Gov. Burt Jones, Rep. James Burchett, and Speaker Jon Burns and all of our partners in the General Assembly who fought the good fight for commonsense tort reform. They have made history today with its final passage, helping to stabilize costs and ensure fairness and justice for hardworking Georgians and job creators alike.”
According to reports from the American Tort Reform Association, the amended bill “maintains its core provision addressing phantom damages – awards based on inflated medical bill amounts that were never paid. This practice has led to higher litigation costs across the board in Georgia.”
They went on to say that while some amendments were made to the bill, including modifications to a seat belt evidence admissibility provision, “the legislation represents a significant step forward in tort reform for the state. This comprehensive bill also will address the expansion of premises liability in Georgia that has left businesses responsible for criminal acts committed by third parties on or near their property – even if they had no way to predict or prevent such acts.”
Georgia Chamber of Commerce President and CEO Chris Clark said that securing tort reform has been the top legislative priority for the Chamber of Commerce for the past 20 years. “Passing SB 68 is one of the most significant steps taken to protect Georgia’s economic competitiveness. We will now focus on finishing the job by passing SB 69 to protect our courts from foreign influences and out-of-state forces that care more about jackpots than justice.”
SB 69, also sponsored by Sen. Kennedy, has passed the Senate and is waiting to be voted on by the House. It introduces regulations on Third-Party Litigation Financing (TPLF) “to protect consumers and ensure greater transparency in Georgia’s civil justice system,” according to Kennedy.
The U.S. Chamber reported that Georgia ranks as one of the top states with the highest tort costs per household, with tort costs hitting $5,050 per household. They also reported that Georgia has the fifth highest number of cases with a jury award of over $10 million – with 64 such awards between 2013 -2022.
According to reports, the tort reform process is designed to reduce the number and costs of lawsuits in Georgia. This legislation would change what can be entered into evidence – including full price of medical bills versus what was actually paid and will limit how defense attorneys can talk about the plaintiff in the case to the jury. This bill also limits who can sue a property owner for negligent security.
Georgia Insurance Commissioner John King supports tort reform, but when asked by lawmakers, he told them he couldn’t guarantee the bill would lower prices. He did say “the reforms would give him more footing to push back or ask to review the companies’ data if they came to him requesting higher premiums.”
The Trial Lawyers Association has pushed back on the legislation but did not provide a statement following the passage of SB 68.
