Kemp’s tort reform package limits business lawsuits – Washington Examiner
Governor Brian Kemp of Georgia has unveiled a tort reform package aimed at reducing frivolous lawsuits while holding businesses accountable for their actions. The proposal includes measures to limit damage awards to actual expenses incurred by plaintiffs due to injuries and would allow juries to know if plaintiffs were wearing seat belts during automobile accidents. Kemp emphasized the need for reform, stating that the current legal habitat is detrimental to families and businesses alike, hindering economic growth.
The package was met with approval from various business groups, who highlighted the burdens posed by excessive litigation costs on small businesses. However, some Democratic lawmakers argued that insurance reform is also necessary to address rising premium costs for Georgians. There are indications that if the General assembly does not pass the reform,Kemp may call for a special session to address the issue.
Kemp’s tort reform package limits business lawsuits
(The Center Square) – Gov. Brian Kemp revealed his long-awaited tort reform package that would hold businesses accountable for what they control but limit what are deemed “frivolous lawsuits.”
The governor repeatedly said tort reform was at the top of his agenda and the package revealed Thursday included much of what was discussed in roundtable meetings last year.
The proposal would limit the amount of damages to the actual bills a plaintiff incurs because of an injury. Kemp is also asking lawmakers to allow juries to know whether plaintiffs involved in automobile wrecks were wearing a seat belt.
Kemp did not place a dollar amount on jury awards but is recommending a ban on what he calls “anchoring tactics” that he says attorneys make in closing arguments. This is needed “so the jury can use their own discretion – rather than artificial benchmarks like the cost of fighter jets, or the number of miles a truck drove, or the salary of a professional athlete – all of which are real examples from cases,” the governor’s office said in a release.
“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 in our state,” Kemp said. “After months of listening to our citizens, businesses, and stakeholders across the spectrum, it is clear the status quo is unacceptable, unsustainable, and jeopardizes our state’s prosperity in the years to come.”
The recommendations drew praise from several business groups.
“Small businesses are the backbone of Georgia’s economy, but many local businesses are struggling under the weight of excessive litigation costs,” said National Federation of Independent Business State Director Hunter Loggins. “Governor Kemp’s tort reform plan would help Main Street businesses focus on growth, job creation, and serving their communities instead of wasting time and money fighting unfair lawsuits.”
Democrats said insurance reform is needed.
“Our state collects over $750 million in insurance premium taxes,” Sen. Derek Mallow said in a social media post. “We could give Georgians an immediate relief in the premium increases they are facing. Tort Reform Without Insurance Reform=A Band-Aid on a Broken System!”
The Center Square was unsuccessful getting a message returned, prior to publication, from the Georgia Trial Lawyers Association.
Kemp hinted during his State of the State address that if the General Assembly does not approve tort reform, he would call lawmakers back for a special session.
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