Georgia House members discuss Senate Bill 68 amid public opposition.
In a narrow vote of 91-82, the Georgia House passed Senate Bill 68, aiming to revamp the civil justice system. Critics argue the bill limits victims’ rights, especially for those affected by sex trafficking, potentially hindering justice and fairness in claims. The legislation, backed by Governor Brian Kemp, is seen as a significant overhaul that could impact personal injury lawsuits and the insurance market.
In a narrow vote that sent shockwaves through the legal community, the Georgia House approved Senate Bill 68 on Thursday, with the tally reaching 91-82. The legislation aims to overhaul the state’s civil justice system, creating limitations on lawsuit damage awards—a move that many fear will significantly hinder the ability of victims, particularly those of sex trafficking, to seek justice.
Backed by Governor Brian Kemp, SB 68 represents a culmination of his administration’s efforts to instigate changes to Georgia’s civil justice system, a course he has previously indicated could lead to a special session if not addressed. The bill boasts eight substantive provisions designed to create a balanced approach between plaintiff and defendant interests in personal injury trials.
This legislation is characterized by several proposed changes, including limiting property owners’ liability for injuries, restricting compensation for medical bills, and introducing the possibility of split trials to assess liability and damages separately. However, the House version of the bill has raised eyebrows for its inadequacies in protecting vulnerable populations, notably individuals who have experienced child abuse, elder abuse, or sexual assault.
Interestingly, the vote in the House was one of the few instances during the 2025 legislative session where party lines did not dictate the outcomes. Among the voting Republicans, eight stood against the bill while three Democrats supported it. This bipartisan split reflects the contentious nature of the legislation, which faced staunch opposition from victims’ advocates, families, trial lawyers, and other stakeholders who rallied against SB 68 at the Capitol.
The opposition to the bill has been vociferous. Notably, critics have expressed deep concerns about how the proposed reforms will adversely affect vulnerable victims. Attorneys specializing in personal injury have articulated that the changes in the law may severely limit the avenues available for victims seeking redress. Under the new legislation, plaintiffs must demonstrate that business owners had prior knowledge of safety issues before being able to initiate lawsuits—a requirement that many argue creates an uphill battle for justice.
Furthermore, the bill also modifies how non-economic damages can be presented during trials, allowing lawyers to specify monetary values during opening arguments, a move that some believe could undermine jury impartiality and fairness in awarding damages to victims.
Supporters of SB 68 include various business groups, notably the Georgia Chamber of Commerce, which has lauded the legislation as a necessary reform to address escalating insurance costs that, they assert, are exacerbated by the current legal environment. House Speaker Jon Burns indicated that the bill is intended to bring stability to Georgia’s insurance market and announced plans for a new study committee focused on insurance issues.
The pathway for SB 68 appears clear, as it is expected to clear the Senate with relative ease following its approval in the House. However, that does not negate the persistent dissatisfaction among many stakeholders, especially as critics emphasize that the legislation might not deliver the promised stability or reduced insurance premiums for consumers. The last day for the Georgia General Assembly is set for April 4, 2025, and the debate surrounding this controversial bill is sure to continue as it progresses to its final stages.
With lawmakers gathering enough support despite vocal dissent from various quarters, the implications of this legislation extend far beyond the legislative chamber, potentially reshaping the landscape of personal injury law in Georgia for years to come.
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