Tort Reform Passed!
On March 20, the Georgia House adopted an amended version of Senate Bill 68 (SB 68), a landmark piece of legislation that is set to reshape the state’s civil procedure landscape. As the cornerstone of Governor Kemp’s civil procedure reform package, SB 68 aims to create a more balanced and predictable legal environment for property owners, businesses, and consumers alike.
House approval sent SB 68 back to the Senate for the upper chamber to agree to the amendments. The Senate took final action on the bill on March 21, sending it to Governor Kemp for his signature.
"The passage of SB 68 marks a major step forward for the business community in Georgia,” said Haydon Stanley, with BOMA Georgia’s lobbying firm, Fiveash-Stanley, Inc. “It provides much-needed clarity in negligent security premises liability cases and streamlines costly litigation, creating a more predictable, fair, and equitable legal environment that benefits both property owners and consumers."
BOMA Georgia played a pivotal role in advocating for SB 68, joining efforts alongside coalition partners to push for meaningful reforms. These efforts included member engagement through legislative action alerts, BOMA Day at the Capitol, direct lobbying through contracted advocacy services, and a coordinated desk letter campaign that reached every member of the Georgia House and Senate."This legislation represents a tremendous victory for the commercial real estate industry,” said Gabriel Eckert, CEO of BOMA Georgia. “Thanks to the collaborative efforts of our members and partners, SB 68 strengthens Georgia’s business climate and ensures that property owners are held to a fair standard in the courtroom."
As a result of these efforts, the commercial real estate industry will benefit from several key provisions that this bill provides:
Reforming Premises Liability Standards
Clarifies when property owners or occupiers (e.g., businesses) can be held liable for third-party criminal acts. Ensures liability only when owners fail in their duty of care. Explicitly preserves victims' rights under other negligence or human trafficking laws.
Streamlining Motion to Dismiss Rules
Pauses costly discovery while motions to dismiss are pending, helping courts eliminate frivolous lawsuits early. Limited discovery remains available to determine jurisdiction and parties. Courts must act within 90 days or lift the stay upon request.
Ending Phantom Medical Damages
Ensures damages awarded for medical expenses reflect the actual costs incurred—not inflated or billed amounts. Juries may consider both the billed and paid values. Private provider arrangements (e.g., letters of protection) are subject to discovery.
Establishing Bifurcated Trials
Allows trials to be split into two phases: (1) liability, and (2) damages. Helps juries focus first on fault before determining compensation. Judges may deny bifurcation in cases involving emotional hardship or claims under $150,000.
Banning Anchoring in Jury Awards
Prevents attorneys from suggesting arbitrary or inflated amounts for non-economic damages (“anchoring”) during closing arguments. Arguments must reflect evidence and remain consistent throughout the trial.
Stopping Late Plaintiff Dismissals
Moves the plaintiff’s final opportunity to voluntarily dismiss their case (and preserve the right to refile once) to the 60th day after the defendant files an answer.
Preventing Double Recovery of Attorney’s Fees
Closes loopholes that allow attorneys to collect multiple awards for the same legal work—ensuring fee recoveries are fair and justified.
Allowing Seatbelt Evidence in Auto Cases
Permits juries to consider whether a plaintiff was wearing a seatbelt in auto accident cases, providing a more accurate assessment of responsibility and damages.
SB 68 Summary Source: Georgians for Lawsuit Reform
Governor Kemp's commitment to tort reform has been a driving force behind the success of SB 68. The governor has prioritized enhancing both the business and legal environment for Georgia. His leadership and support were critical in guiding SB 68 through the legislative process swiftly while meeting the needs of property owners, businesses, and consumers across the state.
"As an industry, we’ve been advocating for these reforms for years,” said Jacob Wilder, the Senior Director of Operations and Communications of BOMA Georgia. “SB 68 addresses key concerns around liability and legal costs, ensuring that property owners can focus on running their businesses without fear of frivolous lawsuits undermining their operations."
BOMA Georgia remains committed to advocating for the commercial real estate industry. We encourage members to stay engaged and continue supporting efforts that help shape Georgia's legal and business environment for the better.
As we look ahead to Governor Kemp’s signature, BOMA Georgia, the real estate industry, and Georgia’s business community are excited to see the positive impact SB 68 will have. Thank you for your continued support in advocating for a fairer, more predictable legal landscape and business climate in Georgia.