Tuesday, March 3, 2020
Several bills in the Georgia General Assembly propose tort reforms. Some details:
The legislation before the Senate stems from the work of a study committee that adopted an ambitious set of tort reform proposals in December. Its recommendations included prohibiting plaintiffs from seeking “phantom damages,” compensatory damages beyond what a plaintiff will actually pay for medical care or treatment, and making it harder for juries to find defendants guilty of “premise liability,” negligence for injuries victims suffer on a home- or business owner’s property at the hands of a third party.
The study committee also supported allowing defense lawyers in personal injury cases to introduce into evidence whether an injured motorist was wearing a seatbelt at the time of a crash. That recommendation has found its way into Senate Bill 226, a broader measure sponsored by Sen. Randy Robertson, R-Cataula, that expands Georgia’s seatbelt requirement to the back seats of motor vehicles.
Another tort reform bill, which cleared the Senate Insurance and Labor Committee Feb. 24, is aimed at streamlining settlement offers so plaintiff lawyers can’t gum up the system by tacking on additional non-monetary demands. Under Senate Bill 374, settlement offers must contain only five terms: the time period within which an offer must be accepted, the amount of the payment, the defendants who will be released from a claim if the offer is accepted, whether the release is full or limited and itemization of the claims to be released.
The Augusta Chronicle has the story.