Georgia Senate Press Office

The third week of the 2025 Legislative Session has concluded, and we remain focused on advancing commonsense legislation that prioritizes Georgia’s families, businesses and communities.

The General Assembly has been hard at work, carefully reviewing agency budget requests to ensure taxpayer dollars are allocated responsibly. As I mentioned last week, passing a balanced budget is our constitutional duty—and the foundation of a responsible government that serves its people.

This week, our focus shifted to committee meetings. As legislative committees ramp up their work, we are addressing issues that matter most to our communities, from safeguarding our schools to strengthening local infrastructure. I was pleased to participate in meetings of the Senate Rules, Finance, Health and Human Services and Insurance and Labor Committees. I have also been reviewing bills assigned to the Senate Regulated Industries & Utilities Committee, which I chair, to determine which bills should receive committee hearings.

Tort reform is a key issue that will take center stage in this legislative session. Governor Brian Kemp has made it his top priority for 2025—for good reason. Georgia businesses and their employees are being unfairly burdened by civil lawsuits that result in excessive payouts and create a legal environment that is anything but fair and welcoming to businesses that provide jobs to our citizens. The Governor’s proposals aim to pass meaningful reforms to our civil justice system to make the rules fair for both parties. I’m proud to stand with Gov. Kemp as we work to level the playing field and protect businesses from skyrocketing insurance rates resulting from continued outlandish court rulings and crippling financial judgments.

But what exactly is tort reform? A tort is a civil wrong for which an aggrieved or injured party can seek monetary compensation through litigation. The most common type of tort is based upon the negligence or carelessness of a person or company that causes harm. The “reforms” are changes in the civil justice system aimed at reducing frivolous lawsuits and limiting excessive damages in personal injury and other civil cases. This complex issue has plagued our state for far too long, and as a result, Georgia has been labeled a “judicial hellhole” by the American Tort Reform Association.

Consider a few examples of how our current legal system is tilted against hardworking Georgians. Under existing rules of evidence, Georgia jurors are prohibited from knowing whether an injured party in an automobile accident was wearing a seatbelt—a crucial piece of information when evaluating the full context of a case. This is especially important when a person is thrown from a vehicle and killed or severely injured, or when a person slams into the windshield and sustains disfiguring facial scars or a closed head injury. There is a criminal law that requires you to wear your seatbelt for your personal safety. It is negligent for a person to disregard this law and place themselves in danger of injury. However, this information is hidden from the jury and cannot be mentioned by the defense in court. This evidentiary rule will be changed to allow juries to hear evidence of seatbelt use at trial.

Similarly, under rules of evidence, jurors are often led to believe that plaintiffs are paying medical bills entirely out of pocket when, in reality, insurance may have already covered significant portions of their medical expenses. All Americans are now required to have medical insurance under the provisions of the Affordable Care Act. The cost of premiums is subsidized if they cannot afford them, and this coverage applies to pre-existing injuries. Medical providers negotiate with insurers to accept discounted payments from insurers as full compensation for their services. However, juries are only informed of the inflated original amounts of the bills. This allows plaintiffs and their attorneys to receive windfalls by recovering damages for expenses never incurred. This rule will be changed to allow juries to hear the truth about medical expenses actually incurred by plaintiffs and reflect the true amount of their damages awarded in verdicts.

Another important provision of the civil justice reform bill is relief for businesses from lawsuits brought to recover for injuries while on the premises of a business open to the public. Existing laws allow persons injured by criminal actions committed on business premises to hold the business responsible if the business failed to make their premises safe for customers. This duty to keep the premises safe for customers arises when the property owner is aware of criminal activity in the area and fails to take reasonable steps to protect the safety of its customers. The result is that businesses end up having to spend significant amounts on private security to protect customers from criminal harm since if someone is injured or killed they sue both the property owner and the criminal actor. The jury is allowed to apportion the verdict between the defendants in accordance with their respective percentage of fault. However, juries know that the business has the deep pockets to pay a verdict whereas the criminal probably doesn’t. As crazy as it seems, skillful trial attorneys have been able to persuade juries that the business is 95% at fault while the criminal is held to be only 5% at fault. This bill will guarantee that business owners are not responsible for criminal acts occurring off of the premises. In addition, under no circumstances shall a business be held more than 50% responsible for the defendant’s injuries caused by a criminal on its property. These, and other changes, will help make sure that businesses do not close in high crime (often primarily minority) neighborhoods. This is one reason that Democratic legislators will join with Republicans in protecting all Georgians from business closings caused by the current legal environment.

I was honored to stand alongside Gov. Kemp this week as these issues were addressed at one of the largest press conferences ever held under the Gold Dome. There were citizens from many professions (truck drivers, factory workers, medical professionals and business owners) that came to the Capitol to express their support for this civil justice reform legislation. This issue is critically important to countless hardworking Georgians. I look forward to working with my Senate colleagues to advance meaningful civil justice reform throughout this legislative session in an effort to restore balance and fairness for the civil justice system.

As always, if you have any questions, concerns, or ideas about our work at the Capitol, please do not hesitate to reach out. It is an honor to serve you, and I appreciate your trust as we continue working together throughout the 2025 legislative session.

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Sen. Bill Cowsert serves as Chairman of the Senate Committee on Regulated Industries and Utilities. He represents the 46^th Senate District which includes portions of Barrow, Clarke, Gwinnett, Oconee and Walton Counties. He may be reached at (404) 463-1366 or via email at bill.cowsert@senate.ga.gov

For all media inquiries, please reach out to SenatePressInquiries@senate.ga.gov.