New Georgia Law Might Affect Your Personal Injury Claim

In Georgia and elsewhere, people who are injured as a result of someone else’s negligence are typically entitled to compensation for the damages they incur. While this general principle is true, changes in statutory law can have a significant effect on the recovery received by a personal injury victim. A recently passed bill makes several adjustments that potential plaintiffs should understand. 

Signed in April, Senate Bill 68 introduces significant changes aimed at altering how some lawsuits involving business defendants and car accidents are handled. Provisions that could shape your personal injury lawsuit include the following:

• Restriction on property owner liability for crimes — Previously, the law imposed a duty on business owners to protect legal visitors to their premises against criminal activity. For example, poor lighting in a parking lot or inadequate security at a concert could establish liability if those conditions contributed to a physical assault against a patron. The new bill tightens these standards, requiring stronger evidence of a business’s prior knowledge of potential criminal activity to move forward with a lawsuit. 
• Revocation of the “seatbelt gag rule” — Prior to the passage of SB 68, defense counsel in auto accident cases were usually prohibited from introducing evidence that the plaintiff was not wearing a seatbelt. This was due to a concern that jurors might unfairly blame the victim for their injuries. Now, juries can consider seatbelt usage as part of their deliberations. 
• Splitting liability and damages cases — In claims where the plaintiff seeks at least $150,000, defendants are now able to split a personal injury action into two separate cases. The first will be to determine if the defendant is liable for the victim’s harm. If liability is established, the second case is used to decide the amount of damages that should be awarded. 

These major revisions will affect thousands of negligence victims throughout Georgia. Before you move forward with a personal injury claim, it’s critical to speak with a knowledgeable attorney who can give you an honest assessment as to whether your potential financial recovery might change due to the new law.  

The Law Office of S. Mark Mitchell, LLC in Newnan pursues compensation for personal injury victims across Georgia. For a consultation about your claim, please call 470-344-8550 or contact me online.