Georgia's legal system is poised for an overhaul after a multiyear push

ATLANTA (AP) — Republican Gov. Brian Kemp's measure to limit lawsuits in Georgia received House approval Thursday, poising the state’s litigation landscape for a controversial overhaul after a lengthy lobbying campaign.

Supporters of the bill say it will stop “frivolous” suits that have damaged business owners, and limit large financial awards from juries. Opponents say it will prevent valid lawsuits from Georgians who were wronged, including victims of violence and sexual abuse.

The measure, passed in the House by a narrow margin of 91-82, will hit Kemp's desk after the Senate approves changes to the bill, as early as Friday. It was opposed by most Democrats and a handful of Republicans.

The win comes about a year and a half after Kemp promised the Georgia Chamber of Commerce, a top ally, that he would take action to limit lawsuits. The package, also called tort reform, picked up some unlikely supporters in the Senate after he made some changes. Before the vote, Kemp also threatened Republican detractors that he would fund primary opponents against them.

Millions of dollars have gone into lobbying for and against the bill. Kemp and his allies have promised that it would stop insurance rates across the board from rising. Many experts have warned that may not happen.

Republican House Speaker Jon Burns said lawmakers “worked tirelessly to craft” a bill that would “protect our businesses from frivolous lawsuits while upholding the rights of those with legitimate claims to be made whole.”

Burns also announced Thursday that a House committee will study the practices of insurance companies, including how they set rates.

Rep. Tanya Miller, an Atlanta Democrat, called the measure “one of the most poorly drafted bills I’ve ever seen as a lawyer” and said it was pushed by special interests to address “a manufactured crisis.”

Democratic Rep. Stacey Evans, also an Atlanta lawyer, remarked, “The court should be a safe, welcoming place for all of us, and we just picked and chose losers today — those that will get access and those that will not.”

The effort appeared to hit some roadblocks last week. Several House Republicans were skeptical — and not just trial lawyers, who mostly oppose the plan because they fear it will stop victims of wrongdoing they represent from getting justice in court. Kemp made some more changes, but several Republicans still voted against it. Three Democrats voted in favor.

Opponents of the bill, including victims of abuse, sex trafficking and violence have regularly shown up at the Capitol to protest. They gathered again Thursday with signs and to share examples of abuse and violence that they say were ignored by those who ran businesses, recreational facilities and hotels.

"To be honest with you, my heart is just a little weary. ... I think of the victims that this will impact if passed, they will not have their day in civil court,” said Susan Cobb, a Georgia nurse who settled with YMCA after her daughter was abused by a coach and later found dead.

The bill would require anyone who sues a business or property owner over misconduct or injuries on their property to prove the owner knew about a specific security risk and a physical condition on the property that created a risk, but didn’t provide adequate security. Kemp last week added more protections to the section of the bill that made an exception for sex trafficking survivors after their lawyers said they wouldn't have been able to bring most cases.

However, lawyers say victims of rape and other violence would still be left without the ability to seek recourse from several responsible parties. Supporters have denied that.

Kemp delayed legislation on lawsuit limits in 2024 when it seemed to tough to pass, instead signing a law to gather data on lawsuit verdicts. He also hosted a series of roundtables in which business owners, trucking company executives, apartment owners and doctors said they were hurting from unfair lawsuits.

“Our family businesses are scared,” said House Republican Majority Whip Rep. James Burchett. “Our family-run farms are scared.”

The bill also sets stricter rules for when lawyers can put monetary values on noneconomic damages such as pain and suffering; lets them show jurors what portion of a medical bill was paid by insurance or third parties; and requires separate trial processes for determining fault and damages in most cases.

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Kramon is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Kramon on X: @charlottekramon.