Georgia's 2025 Tort Reform

Ahhh, Georgia Tort Reform. We heard all about this over a decade ago, with promises of lowered insurance rates...that never came. So, here we are again reviewing the most recent changes to Georgia 2025 Tort Reform Act, while also hoping for reduced insurance rates.

• Negligent Security Claims - Plaintiffs with claims arising on or after April 21, 2025, are going to have to prove that the business owner knew about a specific, known hazard if they have a chance to survive Summary Judgment or a Motion to Dismiss. It will no longer be sufficient to prove that a particular area is dangerous, or crime ridden in general; now, a Plaintiff must show that the owner had knowledge of the same type of crime the Plaintiff experienced. It will be interesting to see how the Appellate Courts rule on the first couple of cases where the Trial Court grants Summar Judgment to the owners because the crime contained some known elements, but not all. For instance, will a female Plaintiff who is robbed, attacked and raped on an owner's premises be required to demonstrate that all of these crimes are prevalent in the area, or will there be a question of fact for a jury to determine how similar the crimes committed previously are to the conduct in the tort action.

  

• Changes/clarification regarding Pain and Suffering - O.C.G.A. 9-10-184(b) clarifies that in closing arguments, counsel may only argue the monetary value of noneconomic damages only if it is rationally related to the evidence.

• Changes to the Timing for Answers & Discovery Stays - O.C.G.A. 9-11-12(a). When a Motion to Dismiss or a Motion for a More Definite Statement is filed, the action is stayed, and the Defendant's Answer will not be due until 15 days after the Court rules on the Motion. If the Defendant files an Answer, the stay is automatically lifted.

• Under O.C.G.A. 9-11-41 a Plaintiff may file a Notice of Dismissal any time before 60 days after the opposing party serves its Answer or by filing a Stipulation of Dismissal signed by all the parties who have made an appearance after those 60 days.

• O.C.G.A. 51-12-15 permits any party to demand, in writing before the entry of the Pre-Trial Order, a BIFURCATED TRIAL to have fault determined in the first phase of the trial before a second phase of trial which would then be commenced to determine compensatory damages, if any. The Court may reject this election only upon objection by another party, if the Court finds that the alleged injuries involve a sexual offense or the amount in controversy is less than $150,000.

• Under O.C.G.A. 51-12-1.1 special damages for medical expenses are limited to the reasonable value of medically necessary care, treatment, etc. as determined by the trier of fact when considering any form of public or private health insurance, including WC benefits, and the amounts charged for past, present, and future medical expenses regardless of whether the health insurance has been used, is used, or will be used to satisfy such charges. Letters of protection or other arrangements for treatment in exchange for a promise of payment for expenses from any judgment of settlement are now relevant and discoverable.