Who is excited to talk about tort reform?

Tort reform is boring, but a major under-the-radar issue Georgia lawmakers could tackle

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Tort reform is one of those issues that few in the general public are excited to debate.

It’s nuanced and too much “inside baseball” to make for interesting conversation at the pub. But it’s an under-the-radar issue that affects nearly everyone somehow, whether they realize it or not.

Proponents say tort reform can help lower prices, including at restaurants and retailers. Critics say it is more or less a handout for large insurers.

This week, Republican Georgia Gov. Brian Kemp unveiled his long-awaited plan for tort reform in the Peach State, which he teased in his State of the State address earlier this month. According to the governor, the proposal would, in part, ensure businesses are liable for what they “directly control,” and plaintiffs could only seek damages for what they paid or will pay for medical bills.

“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,” Kemp said in a release.

“This tort reform package protects the rights of all Georgians to have access to our civil justice system, and ensures that those who have been wronged receive justice and are made whole,” the governor added. “I look forward to working with our partners in the General Assembly to pass this comprehensive and commonsense package, and achieve meaningful progress on this important issue during this legislative session.”

Proponents say

According to the National Federation of Independent Business, the proposal, if approved, would benefit businesses in several ways, including through lower insurance costs.

“Small businesses are the backbone of Georgia’s economy, but many local businesses are struggling under the weight of excessive litigation costs,” NFIB State Director Hunter Loggins said in a statement. “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.

“These changes will create a fairer, more predictable legal landscape that allows small businesses to operate with confidence, reinvest in their businesses, and create jobs without fear of being shut down by baseless legal claims,” Loggins added. “That’s why our members are urging their legislators to vote ‘yes’ on this important and long-needed legislation.”

The proposal has drawn praise from many groups, including the Georgia Restaurant Association, Georgia Retailers and the Georgia Motor Trucking Association.

Critics say

Unsurprisingly, the proposal drew criticism from Democrats — even before it was formally unveiled.

“Most Georgians have never heard of a tort before, so here is what you need to know: this is a big business and corporate relief first; Georgians last agenda,” Democratic House Caucus Chair Tanya Miller said in a release. “The truth is, we’re just being asked to take the insurance industry’s word for it that so-called frivolous lawsuits drive up rates.

“‘Tort reform’ means keeping Georgians from seeking justice in court against insurance giants when those corporations harm consumers,” Miller added. “Research shows taking away citizens’ rights to seek justice from corporations that harm them does not actually lower insurance premiums. States with strict tort reform laws haven’t seen significant decreases in premiums—in fact, some have seen rates go up.”

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About Todd DeFeo 1670 Articles
Todd DeFeo loves to travel anywhere, anytime, taking pictures and notes. An award-winning reporter, Todd revels in the experience and the fact that every place has a story to tell. He is the owner of The DeFeo Groupe and also edits Express Telegraph and Railfanning.org.