In April 2025, Governor Brian Kemp signed Senate Bills 68 and 69 into law, marking a major overhaul of Georgia’s civil litigation system-commonly referred to as tort reform. SB 68 and SB 69 introduce stricter standards for certain lawsuits, limit recoverable damages, increase transparency in litigation funding, and update court procedures-all with the intent of fostering a more business-friendly legal environment in Georgia. Supporters believe these changes will help businesses control risk and costs, while critics warn they may limit access to justice for injured parties.
Georgia’s business community and state leaders cited rising insurance costs, an increase in civil lawsuits, and concerns about a litigation environment that they believed discouraged economic growth. The goal of these reforms was to make Georgia’s courts more balanced and predictable for both businesses and individuals, and to address what supporters saw as excessive or abusive litigation practices.
Negligent Security Lawsuits: Raises the standard for holding property owners liable for crimes committed on their premises, making it harder for plaintiffs to win these cases.
Medical Damages (“Truth in Damages”): Limits plaintiffs to recovering only the actual value of medical expenses, not inflated billed amounts.
Trial Procedures: Allows courts to separate (bifurcate) trials into liability and damages phases, and permits evidence of seatbelt non-use in auto accident cases.
Attorney’s Fees: Prevents plaintiffs from recovering attorney’s fees more than once under overlapping laws.
Civil Procedure Updates: Stays discovery when a motion to dismiss is filed, and restricts voluntary case dismissals by plaintiffs during trial.
Third-Party Funding Disclosure: Requires parties to disclose when outside investors are funding a lawsuit.
Foreign Funders: Bans foreign entities from financing Georgia lawsuits.
Control and Liability: Prohibits funders from controlling litigation or receiving more than the plaintiff, and makes them liable for certain costs or sanctions.
On April 21, 2025, Georgia Governor Brian Kemp signed two landmark tort reform bills into law, Senate Bill 68 (SB 68) and Senate Bill 69 (SB 69), culminating what supporters describe as a 20-year legislative effort to reform Georgia's civil litigation landscape. These bills introduce significant changes to how civil lawsuits proceed in Georgia and represent what the governor called a measure to "level the playing field in Georgia's courtrooms."
The push for tort reform has been a long-standing priority for Georgia's business community. The Georgia Chamber of Commerce has advocated for such reforms for two decades, citing concerns about the state's litigation environment and its potential impact on economic competitiveness. Governor Kemp made tort reform his top legislative priority for the 2025 session, even threatening to call a special session if the bills were not passed.
SB 68 passed both legislative chambers with bipartisan support, though by narrow margins. The vote in the Georgia Senate was 34-21. SB 69 passed with broader support, receiving unanimous approval in the Senate. The governor signed both bills into law on April 21, 2025, with SB 68 taking effect immediately and SB 69 scheduled to take effect in 2026.
SB 68, sponsored by Senate President Pro Tempore John Kennedy, introduces eight key reforms designed to restructure Georgia's civil litigation system. This omnibus bill addresses multiple aspects of the legal process, from evidence admissibility to case management.
The bill substantially changes premises liability standards for negligent security claims. Previously, property owners could be held liable for foreseeable criminal acts under general premises liability law. SB 68 creates a more restrictive framework, requiring plaintiffs to demonstrate that property owners had specific knowledge of likely criminal activity—not just general awareness of area crime statistics. For invitees, liability now requires meeting five specific conditions, including proving the criminal conduct was foreseeable and linked to a known hazardous condition on the property.
SB 68 eliminates what supporters call "phantom damages" by restricting plaintiffs to recovering only the reasonable value of necessary medical care. This provision allows defendants to present evidence of the actual amounts paid by health insurers rather than relying solely on initially billed amounts, which are often significantly higher.
The law permits courts to split trials into separate phases: first determining liability, then addressing damages if liability is established. This separation aims to streamline complex litigation and prevent potentially prejudicial information about damages from influencing liability determinations.
In a significant shift from previous law, SB 68 allows the admission of seatbelt non-use evidence in auto accident cases. Prior to this change, Georgia's "seatbelt gag rule" prevented such evidence from being considered. Now, a plaintiff's failure to wear a seatbelt can be considered in assessing negligence, comparative fault, and causation.
The bill prohibits plaintiffs from recovering attorney's fees more than once under overlapping statutes, addressing what supporters viewed as an unfair double-dipping practice.
SB 68 restricts "anchoring," a practice where plaintiffs suggest specific dollar amounts for non-economic damages like pain and suffering. The law requires actual evidence to support such claims and prohibits the introduction of arbitrary figures designed to influence jury expectations.
The bill amends Georgia's Civil Practice Act to allow defendants to file a motion to dismiss instead of an answer to a complaint. When such motions are filed, discovery is automatically stayed for up to 90 days, aligning Georgia more closely with federal standards. Additionally, the law restricts plaintiffs' ability to voluntarily dismiss a case without penalty, particularly in the middle of trial.
While SB 68 addresses the mechanics of civil litigation, SB 69 focuses specifically on third-party litigation funding (TPLF), a growing practice where investors finance lawsuits in exchange for a portion of any eventual settlement or judgment.
SB 69 mandates disclosure of third-party funding arrangements, ensuring courts and all parties are aware when external investors are backing a lawsuit. The law allows for discovery of the existence and terms of funding agreements that exceed $25,000.
The bill prohibits foreign entities from engaging in U.S. litigation through TPLF agreements, addressing concerns about foreign influence in the American legal system.
SB 69 explicitly prevents litigation financiers from controlling the litigation or recovering more than the plaintiffs themselves. This aims to ensure that control of legal proceedings remains with the actual parties to the dispute.
The law makes third-party funders jointly and severally liable for costs or sanctions related to the loans they provide, creating a financial deterrent against backing potentially frivolous lawsuits.
SB 69 includes serious penalties for violations, with willful violations considered felonies under Georgia law.
Supporters of the tort reform package, including Governor Kemp and the Georgia Chamber of Commerce, advance several rationales for the legislation:
Proponents argue the reforms are necessary to maintain Georgia's status as a business-friendly state. Governor Kemp described the bills as ensuring "our business environment remains the best in the nation".
Advocates suggest the reforms will help reduce rising insurance costs for small business owners and address what they characterize as frivolous lawsuits that burden businesses.
The Georgia Chamber of Commerce framed the legislation as "restoring balance to the civil justice system so our courts can focus on justice—not jackpots", suggesting the previous system was tilted unfairly against defendants.
Opposition to the bills, particularly SB 68, centers on several counterarguments:
Critics argue SB 68 will significantly hinder injured victims' ability to hold wrongdoers accountable and receive fair compensation for their injuries. They suggest the higher standards for proving negligent security claims will shield businesses from liability even in situations with foreseeable criminal activity.
Opponents characterize the legislation as a "giveaway to insurance companies" that are already enjoying record profits. They contend the bills favor corporate interests and insurance companies over individual plaintiffs.
Some critics suggest the new procedural mechanisms, particularly the automatic stay of discovery when a motion to dismiss is filed, could be used to delay cases and pressure plaintiffs into accepting lower settlements.
While proponents cite reducing insurance costs as a rationale, critics point out that the tort reform does not guarantee lower insurance premiums for consumers.
Senate Bills 68 and 69 represent a significant reshaping of Georgia's civil litigation landscape. With SB 68 already in effect and SB 69 set to follow in 2026, Georgia has enacted what supporters describe as "landmark reforms" that will impact how personal injury, wrongful death, and other civil cases proceed in the state's courts.
The legislation reflects a tension between competing values: protecting businesses from what supporters view as excessive litigation while ensuring injured parties maintain access to meaningful legal remedies. As these laws take effect, their real-world impact on Georgia's courts, businesses, and citizens will determine whether they achieve the balance Governor Kemp and other proponents envisioned when championing these extensive changes to the state's tort system.
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