Kemp and Georgia Legislature Considering Tort Reform for 2025
For several years, Governor Brian Kemp and some members of the Georgia General Assembly have said that tort reform is a top priority. While major changes have not been made yet, there are indications that 2025 might be the year when significant tort law revisions are passed that affect businesses, insurance companies and injury victims.
One way in which the state is preparing for potential tort reform legislation is by commissioning the Department of Insurance to collect information on premium costs and difficulties that businesses are experiencing when trying to obtain coverage. Members of the Georgia Chamber of Commerce have supported changes to the civil justice system because they say large verdicts and high insurance expenses have hurt companies and forced some out of business. They also claim that several insurers have left the state’s marketplace completely.
Tort reform is a large undertaking and can encompass a wide range of issues. One particular objective that has been mentioned is restricting premises liability claims within the state. These cases are brought to hold property owners accountable for injuries that occur due to allegedly unsafe conditions on their premises. If an individual is injured because of a hazard such as poor maintenance, unsafe stairways or insufficient security, that victim can collect compensation through a personal injury lawsuit. While these actions would not be eliminated completely, tort reform advocates are questioning whether businesses should be liable for crimes that occur when their doors are closed and no one is on the premises.
Another key area for potential tort reform involves placing caps on damages in personal injury cases. A cap on the amount of non-economic damages—such as pain and suffering—that a plaintiff can recover in most types of personal injury lawsuits was passed about 20 years ago, but later ruled unconstitutional. Proponents of such caps claim that they will help prevent excessive awards that drive up insurance premiums and healthcare costs.
Opponents of tort reform warn that the proposed measures would harm individuals who are injured due to others’ negligence. By making it more difficult for plaintiffs to establish liability or limiting the compensation they can receive, victims might not be made whole for the medical bills, lost wages and other damages associated with their injuries.
The Law Office of S. Mark Mitchell, LLC in Newnan represents Georgia clients in various types of civil litigation matters, including personal injury claims. Whatever your particular legal needs might be, I will advise you on the current status of applicable laws and any changes that might be in store. To schedule a consultation, please call 470-344-8550 or contact me online.
