The Truth about “Tort Reform”
One of the most troubling pieces of legislation this session is SB 68, colloquially known as Governor Kemp’s “Tort Reform” bill. A more accurate name for SB 68 might be “Limiting Victim’s Right to Her Day in Court.”
Esteemed House legislators, Rep. Tanya Miller and Rep. Stacey Evans, have written Gov. Kemp to express their views on the profoundly troubled downside of SB 68. I am sharing their letter here that allows you to fully understand the consequences of this bill that purports to “level the playing field” but in fact will greatly disadvantage a plaintiff seeking compensation for an injury.
The State of Florida already passed a similar bill but now Florida newspapers have uncovered an ugly truth. Insurance companies claiming hardship from high jury awards have masked their true financial status by moving profits into different companies, hiding billions in profits while pleading for “relief” from onerous verdicts. The Speaker of the Florida House has just derided their ”tort reform” law which he originally supporting, saying they had “been played” by the insurance industry!
This bill would, among many other things, decrease the amount for which a property owner is liable if someone were to get injured on their property, prohibit a plaintiff’s attorney from describing the pain and suffering of their client until the trial is concluding, and enable defendants to effectively delay the discovery process in a case against them.
If someone were to get injured on the property of a business due to negligence, this bill would make it easier for the business to get the case dismissed because it is outside of their “direct control” and by making it harder for injured parties to quantify their damages to juries.
Stunningly, testimony revealed that this bill would make it harder for victims of sex trafficking to bring participants in their abuse to justice. Sex traffickers typically operate out of motels and hotels that turn a blind eye to their criminal activities. The bill makes the burden of proof so high that traffickers and their enablers can escape prosecution, while the victim in most cases is damaged for life.
At best, SB 68 is fatally flawed legislation, and its proposed effects should worry us all. Ordinary Georgians are disadvantaged as their access to their day in court is greatly limited. Insurance companies are the only ones who will stand to gain from this bill’s passage.
Representatives Tanya Miller and Stacey Evans also wrote a letter addressing Governor Kemp.