Georgia tort reform bill: House of Representatives passes controversial bill

ATLANTA - The Georgia House of Representatives has passed Senate Bill 68, a tort reform bill backed by Gov. Brian Kemp, that aims to limit excessive lawsuits and create a more balanced litigation environment in the state’s courts. The bill now heads back to the Senate for further consideration.

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What we know:

The bill passed by a razor-thin margin with Democrat and Republican lawmakers breaking ranks.

Senate Bill 68 passed by a single vote.

State Rep. Michelle Au (D-Johns Creek) was one of three Democrats who broke ranks with House colleagues, voting for the amended tort reform bill.

Senate Bill 68 passed by a single vote, with several Republicans voting against the measure.

What they're saying:

House Speaker Jon Burns (R-Newington) praised the passage of the bill, calling it a "much-needed reform" to Georgia’s current litigation system.

"The common-sense solutions provided by Senate Bill 68 protect the rights of Georgians who have been harmed while ensuring that the scales of justice in our courtrooms are fair and balanced," Burns said. "We look forward to working alongside the Senate to champion this critical lawsuit reform across the finish line."

Gov. Kemp thanked Speaker Burns on social media for his "hard work" to get the reform passed.

Supporters of the bill argue that excessive lawsuits have driven up costs for businesses and consumers, while opponents contend that tort reform could make it harder for victims to seek compensation. 

The Georgia Chamber of Commerce issued the following statement:

"The Georgia Chamber of Commerce and our tens of thousands of members across the state, applaud the Georgia State House of Representatives for passing SB 68, the first part of Governor Brian Kemp’s tort reform package. We especially thank Speaker of the House Jon Burns for the instrumental role he played in passing this meaningful piece of legislation. 

"SB 68 will curb lawsuit abuse while protecting families, small businesses, the medical community, and Georgia’s economic competitiveness. For the past 20 years, securing tort reform has been the top legislative priority of the Georgia Chamber. The House passage of SB 68 takes us to the brink of finally delivering meaningful tort reform for Georgia. We look forward to working with Georgia’s legislative leaders to do right by Georgians and finish the job by getting both SB 68 and SB 69 signed into law so our courts can focus on justice—not jackpots."  

The other side:

It was a disappointing outcome for the families of crime victims and others who had urged lawmakers to include all victims of sexual assault in an amendment which now expands lawsuit protections to human trafficking victims.

Democratic lawmakers who oppose the legislation argued it'll make it difficult for Georgians to get the justice that they deserve, because the measure makes it harder for victims to sue businesses when crimes occur on their property.

"This was a difficult day, a bad day for Georgians who aren't going to receive any real benefit," said state Rep. Sam Park (D-Lawrenceville).

What's next:

Since the House of Representatives amended the bill before passing, the bill will now go back to the Senate. If the Senate approves the changes, the bill will then go to Gov. Kemp to be signed into law. 

What is Senate Bill 68?

Dig deeper:

Senate Bill 68 is a set of rules that changes how certain legal cases are to be handled in Georgia. It talks about things like how people can sue for injuries, how lawyers can argue in court, and how damages (money given to someone who was hurt) are decided.

Key Parts of SB 68

Pain and Suffering: Lawyers can't tell the jury exactly how much money they think someone should get for pain and suffering. Instead, the jury decides based on what they think is fair.

Answering a Lawsuit: When someone is sued, they have 30 days to respond. If they ask the court to clarify something, they get a little more time.

Dropping a Case: If someone wants to stop their lawsuit, they can do it without asking the court, but only before the other side responds. If they drop a similar case twice, they can't bring it back.

Legal Costs: You can't get paid twice for the same legal costs, like lawyer fees, unless the law specifically says you can.

Contract Disputes: If someone breaks a contract, you can ask for legal costs if they were really difficult or acted in bad faith.

Seat Belts: If someone wasn't wearing a seat belt, it can be used as evidence in court to show they might be partly responsible for their injuries.

Negligent Security: This is about keeping people safe on your property. If someone gets hurt because you didn't keep your property safe, you might have to pay damages, but only if you knew there was a risk and didn't fix it.

Security Contractors: If a company is hired to keep a place safe, they have the same rules as the property owner for being responsible if someone gets hurt.

Medical Costs: You can only ask for money to cover medical costs that are necessary and reasonable.

Trial Phases: Trials can be split into parts. First, they decide who is responsible, then how much money should be given, and finally, if there should be extra penalties or fees.

This story is developing.  Check back for details. If you have additional information, pictures, or video email newstipsatlanta@fox.com.

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