Last year, I wrote about two bills in the Georgia General Assembly aimed at updating premises liability laws in our state.[1] Those bills ultimately did not pass, but new bills introduced this session indicate that lawmakers at the Capitol remain focused on refining premises liability laws. Of particular interest is Senate Bill 68.[2] SB 68, among other things, seeks to create a specific cause of action in Georgia for negligent security claims, which are currently evaluated under traditional premises liability standards. By reevaluating the standard for negligent security claims and defining when third-party conduct is “reasonably foreseeable” to a property owner, SB 68 would ultimately limit a property owner’s liability to situations where the property owner failed to keep its premises safe.
SB 68 is part of a much larger tort reform project first announced by Governor Brian Kemp at his January 2025 State of the State address. Governor Kemp has made tort reform one of his top priorities in an effort to balance the legal landscape in our state. On January 30, Governor Kemp announced his tort reform package. In addition to the premises liability changes, the governor’s plan includes:
- Limitations on damages in personal injury actions where a plaintiff can only recover the amount of medical bills actually paid (or will actually be paid in the future), rather than recover the value of medical services charged by providers before adjustments are made by insurance companies.[3]
- The ability to bifurcate trials so a jury must determine liability before hearing any evidence related to damages.[4]
- Closing a loophole that previously allowed plaintiff’s counsel to double recover their attorneys’ fees and costs.[5]
Governor Kemp’s tort reform package, if passed, would also amend the Georgia Civil Practice Act by limiting a plaintiff’s ability to voluntarily dismiss a lawsuit. Currently, a plaintiff can unilaterally dismiss his lawsuit at any time before the first witness is sworn at trial. The reformed law would only allow a plaintiff to voluntarily dismiss (without permission of the court) within sixty days of a defendant’s motion to dismiss or motion for summary judgment, whichever occurs first, eliminating a tactic used by plaintiffs where they force defense counsel to rack up defense costs and expose defense strategies only to dismiss and refile in more favorable venues.[6] The updates to the Civil Practice Act also include changing the law to mimic the Federal Rules of Civil Procedure to allow a defendant to file a motion to dismiss without having to simultaneously file an answer.[7]
The attorneys at Friend, Hudak & Harris, LLP are experienced litigators who have handled numerous cases involving the laws that are the subject of Governor Kemp’s tort reform package. If you need assistance in assessing your potential liability on a claim or how new laws in Georgia could impact your business, please contact Matthew Haan (mhaan@fh2.com; 770-771-6835) or visit FH2.com to learn more about how the attorneys at Friend, Hudak & Harris can help.
_______________________________
[1] https://www.fh2.com/potential-developments-in-premises-liability-laws/
[2] S.B. 68, 2024–2025 Reg. Sess. (Ga. 2025) (available at https://www.legis.ga.gov/legislation/69756).
[3] S.B. 68, 2024–2025 Reg. Sess. (Ga. 2025), § 7.
[4] S.B. 68, 2024–2025 Reg. Sess. (Ga. 2025), § 8.
[5] S.B. 68, 2024–2025 Reg. Sess. (Ga. 2025), § 4.
[6] S.B. 68, 2024–2025 Reg. Sess. (Ga. 2025), § 3.
[7] S.B. 68, 2024–2025 Reg. Sess. (Ga. 2025), § 2.
