Governor Brian P. Kemp of Georgia has introduced a tort reform package aimed at stabilizing insurance costs and promoting fairness in the state's legal system. The announcement was made in Atlanta, where Governor Kemp was joined by Lieutenant Governor Burt Jones, Speaker Jon Burns, Commissioner John King, and various industry leaders.
In his address, Governor Kemp stated, "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." He emphasized that the current situation is "unacceptable" and risks the state's future prosperity. The proposed reforms are intended to ensure access to civil justice for all Georgians while protecting those who have been wronged.
Lieutenant Governor Burt Jones expressed support for the initiative, noting that a business-friendly climate is essential for maintaining Georgia's status as a top state for business. He remarked on the importance of addressing hidden costs associated with existing tort laws.
Commissioner John King echoed these sentiments, describing Georgia's legal climate as a "hidden tax" on families and small businesses. He pledged his commitment to supporting the reform efforts.
Speaker of the House Jon Burns highlighted Georgia's recognition as a leading state for business over eleven consecutive years. He pointed out that businesses across the state have voiced concerns about the current legal environment and its impact on costs.
The reform package addresses several key areas:
- Revising negligent security liability standards to hold property owners accountable only for what they control.
- Ensuring medical damages in personal injury cases reflect actual costs paid.
- Eliminating arbitrary anchoring tactics in pain and suffering damage claims.
- Allowing bifurcated trials to separate liability determination from damage assessment.
- Permitting evidence regarding seatbelt use in auto accident cases.
- Closing loopholes allowing double recovery of attorney fees.
- Preventing plaintiffs from dismissing cases during trial to seek more favorable jurisdictions.
- Changing timing rules for motions to dismiss to reduce unnecessary discovery expenses.
Additionally, measures are included to enhance transparency in third-party litigation funding and protect against foreign influence in litigation processes.
The comprehensive reforms aim to balance civil justice rights with economic competitiveness among neighboring states.