ATLANTA – Gov. Brian Kemp unveiled comprehensive tort reform legislation Thursday aimed at reining in huge jury verdicts Republicans say are making it hard for Georgia citizens and businesses to afford insurance premiums.
“Georgians should have every opportunity to pursue their constitutionally guaranteed day in court, and if were wronged, they should be made whole,” Kemp said during a news conference at the state Capitol. “(But) our businesses and hardworking Georgians need relief from the increased costs of doing business, having car insurance, and getting access to health care. I believe this package accomplishes those goals and strikes the right balance.”
The tort reform legislation the governor is proposing is based on a report the state insurance department released last fall that showed the five-year average of claims has increased by 25%, much faster than Georgia’s population growth. The number of large claim awards of more than $1 million also has grown steadily.
Kemp has vowed repeatedly in recent months to make tort reform a top priority of his 2025 legislative agenda.
Among other things, the governor’s tort reform package would:
- shield property owners from liability claims stemming from criminal acts committed by third parties outside of the owner’s control.
- allow lawyers for defendants in suits stemming from car accidents to introduce evidence showing the injured party was not wearing a seatbelt.
- require plaintiffs in liability cases to show the jury their actual medical costs when the jury is deliberating on compensation.
- limit third parties, including foreign adversaries like China and Russia, from financing tort litigation.
Legislative Democrats argued the tort reform package is aimed at the wrong target.
House Minority Caucus Chair Tanya Miller, D-Atlanta, said natural disasters fueled by climate change – not lawsuits – are what’s driving up insurance premiums. She said Kemp’s tort reform legislation would deny Georgians injured by the negligence of others their day in court.
“We’re open to conversations, to trying to find a compromise,” Miller said. “But we’ll oppose anything that hurts Georgians and their families.”