(The Center Square) – Gov. Brian Kemp revealed his long-awaited tort reform package that would hold businesses accountable for what they control but limit what are deemed “frivolous lawsuits.”
The governor repeatedly said tort reform was at the top of his agenda and the package revealed Thursday included much of what was discussed in roundtable meetings last year.
The proposal would limit the amount of damages to the actual bills a plaintiff incurs because of an injury. Kemp is also asking lawmakers to allow juries to know whether plaintiffs involved in automobile wrecks were wearing a seat belt.
Kemp did not place a dollar amount on jury awards but is recommending a ban on what he calls “anchoring tactics” that he says attorneys make in closing arguments. This is needed “so the jury can use their own discretion – rather than artificial benchmarks like the cost of fighter jets, or the number of miles a truck drove, or the salary of a professional athlete – all of which are real examples from cases,” the governor’s office said in a release.
“As I said in my State of the State address earlier this month, our legal environment is draining family bank accounts and hurting job creators of all sizes in nearly every industry in our state,” Kemp said. “After months of listening to our citizens, businesses, and stakeholders across the spectrum, it is clear the status quo is unacceptable, unsustainable, and jeopardizes our state’s prosperity in the years to come.”
The recommendations drew praise from several business groups.
“Small businesses are the backbone of Georgia’s economy, but many local businesses are struggling under the weight of excessive litigation costs,” said National Federation of Independent Business State Director Hunter Loggins. “Governor Kemp’s tort reform plan would help Main Street businesses focus on growth, job creation, and serving their communities instead of wasting time and money fighting unfair lawsuits.”
Democrats said insurance reform is needed.
“Our state collects over $750 million in insurance premium taxes,” Sen. Derek Mallow said in a social media post. “We could give Georgians an immediate relief in the premium increases they are facing. Tort Reform Without Insurance Reform = A Band-Aid on a Broken System!”
The Center Square was unsuccessful getting a message returned, prior to publication, from the Georgia Trial Lawyers Association.
Kemp hinted during his State of the State address that if the General Assembly does not approve tort reform, he would call lawmakers back for a special session.
