Georgia’s SB 68: Landmark Tort Reform Legislation

• By: GHCA
• On: 03/25/2025 15:18:48
• In: News

STOCKBRIDGE, Georgia -- In the 2025 legislative session, Georgia passed SB 68, a crucial tort reform bill aimed at modernizing the state's civil justice system. Spearheaded by Governor Kemp, the bill addresses legal loopholes, curtails lawsuit abuse, and reduces costs for businesses, healthcare providers, and consumers, all while ensuring fair treatment for those involved in civil litigation.

Key Provisions of SB 68:
1. Ban on Anchoring in Jury Awards: Attorneys can no longer suggest arbitrary amounts for non-economic damages during closing arguments. Arguments must align with trial evidence.

2. Streamlined Motion to Dismiss Rules: Discovery is paused while motions to dismiss are pending, helping courts eliminate frivolous lawsuits early. Courts must decide within 90 days.

3. Limiting Late Plaintiff Dismissals: Plaintiffs now must voluntarily dismiss their case by the 60th day after the defendant files an answer, preserving the right to refile once.

4. Ending Double Recovery of Attorney's Fees: The bill prevents attorneys from collecting multiple awards for the same legal work, ensuring fair fee recoveries.

5. Seatbelt Evidence in Auto Cases: Juries can consider whether a plaintiff was wearing a seatbelt during an auto accident, offering a clearer assessment of responsibility.

6. Reformed Premises Liability Standards: Property owners are only liable for third-party criminal acts if they fail to meet their duty of care, while preserving victims' rights under other laws.

7. Ending Phantom Medical Damages: Damages for medical expenses will reflect actual costs, not inflated bills, with both billed and paid amounts considered by juries.

8. Bifurcated Trials: Trials can now be split into two phases—liability and damages—helping juries focus on fault before determining compensation.

SB 68 delivers vital updates to Georgia's legal system, ensuring fairness and efficiency in civil litigation.