Not So Peachy Lately: Georgia Attacking Nuclear Verdicts® with New Tort Reform Laws

On January 30, 2025, Governor Brian Kemp, joined by other elected officials and Georgia industry leaders, released his tort reform package in an effort to crack down on Nuclear Verdicts®.[i] An ever-rising number of Nuclear Verdicts® in Georgia is having a great effect on its economy, insurance rates, and insurance availability. Georgia has long been known as one of the best states in which to live, work, and raise a family, but less so of late.

Governor Kemp is pushing for passage of several bills he believes will contribute to a solution. The new tort reform bills aim to decrease Nuclear Verdicts® by banning hostile foreign powers from taking advantage of consumers and legal proceedings, stabilizing insurance costs for businesses and consumers, and increasing transparency and fairness.[ii]

Is Tort Reform Needed in Georgia?

The tort reformers initially sought to pass Senate Bills 68 and 69. In a press release, Governor Kemp gave clear reasons for the reforms: “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 of our state.”[iii] Kemp has made it clear something must be done to protect Georgia’s economy from Nuclear Verdicts®.

The Jury Finds for the Plaintiff!

Kemp is seeking to crack down on excessive jury verdicts. These verdicts are seemingly passed out by jurors like candy.

What Would Change: Just to Name a Few[iv]

Standard for Negligent Security Liability (“Premises Liability”): Limits business owner liability to only that which they directly control;

Bans “Phantom” Personal Injury Damages: Plaintiff can only seek medical and other expenses actually paid, or to be paid in the future, rather than inflated sums;

Admissibility of Seatbelt Evidence: Removes the Evidence Code exclusion of evidence of Plaintiff not wearing a seatbelt; and

Bans Double Recovery of Attorneys’ Fees: Plaintiff’s counsel can only receive one award of attorney fees.

The Great Debate: Who’s Against this Bill?

Plaintiffs’ attorneys oppose these reforms, arguing S.B. 68 only favors insurance companies and attacks plaintiffs and jurors. Plaintiffs’ attorneys argue these bills substantially interfere with their client’s right to seek justice and be made whole, and express concerns over potential resulting civil and constitutional rights issues. Nevertheless, the bills are moving quickly, and it appears they will pass.

Current Status of the Tort Reform Bill

On March 21, 2025, Georgia lawmakers signed off on the critical tort reform measure aimed at addressing the state’s “Judicial Hellhole®” status that will now head to Gov. Brian Kemp’s desk for signature.[v]

Georgia is ranked the fourth worst “Judicial Hellhole®” in the country by the American Tort Reform Foundation. After spending two years atop the list at No. 1, the state dropped slightly in the rankings due to Gov. Kemp’s prioritization of tort reform.[vi] With these new laws, Georgia’s ranking is sure to change even further.

Though it is reassuring to see this legislation pass, tort reform alone cannot stop Nuclear Verdicts®. The best way to prevent Nuclear Verdicts® is to use our Core Four methods by accepting responsibility, giving a number, arguing pain and suffering, and personalizing the defendant. Carriers and their counsel must adapt to plaintiffs’ new tactics and fight back against Nuclear Verdicts® in the courtroom.

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Sources

[i] Gov. Kemp Unveils Plan to Tackle Tort Reform and stabilize Insurance Costs for Hardworking Georgians- Governor Brian Kemp Office of the Governor -Press Release, January 30, 2025, https://gov.georgia.gov/press-releases/2025-01-30/gov-kemp-unveils-plan-tackle-tort-reform-and-stabilize-insurance-costs

[ii] Ibid.

[iii] Ibid.

[iv] Gov. Kemp Unveils Plan to Tackle Tort Reform and stabilize Insurance Costs for Hardworking Georgians- Governor Brian Kemp Office of the Governor -Press Release, January 30, 2025, https://gov.georgia.gov/press-releases/2025-01-30/gov-kemp-unveils-plan-tackle-tort-reform-and-stabilize-insurance-costs

[v] Georgia Legislature Passes Landmark Tort Reform Bill-ATRA, accessed March 31, 2025,

https://www.atra.org/2025/03/21/ga-leg-landmark-tort-reform/

[vi] Georgia Legislature Passes Landmark Tort Reform Bill-ATRA, accessed March 31, 2025,