Senate Bill 68: Families of crime victims fight back against proposed changes in Georgia Law

ATLANTA - Families of crime victims are in a legal tug of war with Georgia lawmakers.

Those who oppose a controversial tort reform bill are working down to the wire to make sure it doesn't get passed later this week.

Supporters of Senate Bill 68 say the change is long overdue, but those families say it would only make it harder to seek justice.

What is Senate Bill 68?

What we know:

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.

How would SB 68 change the way victims file civil suits?

Dig deeper:

"The way Georgia's Premises liability law is written is it's all about the knowledge of the property owner," attorney Parker Miller explained. "If they know what's going on and don't take reasonable steps to prevent something from happening, then they are liable and that's the law as it is today."

Opponents say that would change if the proposed tort reform bill becomes law because it would limit business owners' liability for crimes committed on their property.

Georgia Senate Bill 68 opponents

What they're saying:

Dawn Dewitt's son Elijah was shot and killed during an attempted robbery at Sugarloaf Mills in Lawrenceville in 2022.

His parents, other crime victims' families, and their attorneys are urging lawmakers to reject the bill.

Governor Kemp calls tort reform a "top priority" this legislative session

The other side:

Gov. Brian Kemp unveiled his sweeping tort reform package as the legislative session got underway in January, calling it a top priority.

The bill's sponsors and supporters say an overhaul of Georgia's civil litigation system is long overdue.

"It's going to be good for Georgians, consumers, good for Georgians all across the state. It's going to deal with the issue of excessive lawsuits and stabilizing the costs of insurance for all of our folks," said Republican State Sen. John F. Kennedy (R-Macon), one of the bill's sponsors.

What's next:

Victims' families are still calling on lawmakers to amend SB 68 to make it easier for crime victims and their families to hold businesses and property owners accountable.

The House could vote on tort reform legislation later this week.

GeorgiaNews