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Governor Kemp Unveils Tort Reform Package, Impacting Civil Defense Landscape

Posted on Jan 31, 2025 in News

ATLANTA, GA – Governor Brian Kemp has unveiled a comprehensive tort reform package aimed at creating a fairer and more balanced legal environment in Georgia. The proposed reforms could significantly impact defendants in civil cases by addressing key areas of concern, including premises liability, medical damages, and litigation funding. The package seeks to reduce frivolous lawsuits, stabilize insurance costs, and promote a more predictable legal landscape for businesses operating in the state.

“As I said in my State of the State address earlier this month, our legal environment is draining family bank accounts and hurting job creators of all sizes in nearly every industry in our state,” said Governor Brian Kemp. “After months of listening to our citizens, businesses, and stakeholders across the spectrum, it is clear the status quo is unacceptable, unsustainable, and jeopardizes our state’s prosperity in the years to come. This tort reform package protects the rights of all Georgians to have access to our civil justice system and ensures that those who have been wronged receive justice and are made whole.”

Key provisions of the tort reform package include a reevaluation of negligent security standards, focusing liability on areas under direct control of the property owner. The reforms also target “phantom damages” by limiting medical damage claims to actual costs incurred and prohibit “anchoring” tactics in pain and suffering arguments, preventing the use of inflammatory comparisons to influence juries. Furthermore, the package addresses third-party litigation funding, with a specific ban on hostile foreign powers using Georgia’s courts. Other notable reforms include adjustments to bifurcated trials, admissibility of seatbelt evidence, attorney fee recovery, and procedures for voluntary dismissals and motions to dismiss.

From our firm’s perspective, these reforms represent a significant shift in the legal landscape. We believe these changes have the potential to create a more balanced and predictable legal environment in Georgia.