On April 21, 2025, Governor Brian Kemp signed Georgia Senate Bill 68 (SB 68) into law, fundamentally transforming the state's civil litigation landscape. This comprehensive tort reform legislation addresses Georgia's "judicial hellhole" reputation by implementing sweeping changes to negligent security cases, premises liability, medical damages, and civil procedure. If you're facing a personal injury case in Georgia or considering legal action, understanding these changes is crucial to protecting your rights.
What is Georgia SB 68 and Why Was It Passed?
Georgia SB 68 represents the most significant tort reform legislation in the state's recent history. Aimed at reducing Georgia's ranking as the fourth-worst "judicial hellhole" in the country according to the American Tort Reform Foundation, the law seeks to address several key issues:
- Excessive "nuclear verdicts" and multi-million-dollar damage awards
- Inflated medical damage claims known as "phantom damages"
- Expanding premises liability and negligent security case scope
- Rising insurance costs affecting Georgia businesses and consumers
The legislation imposes what critics call a "$1,415 annual tort tax" on each Georgia resident, representing the estimated cost of excessive litigation on families and businesses statewide.
Dramatic Changes to Negligent Security Cases![injury]()
The most significant impact of SB 68 falls on negligent security cases, which now face substantially higher legal standards and automatic fault apportionment.
New Standards for Invitees
For invitees—customers at stores, tenants in apartment complexes, or delivery drivers—Georgia Code Section 51-3-1 now requires a heightened foreseeability standard. Property owners can only be held liable if they had:
- Specific warning of imminent threat with actual knowledge
- Prior substantially similar crimes on the property with documented knowledge
- Prior similar crimes within 500 yards with actual knowledge
- Prior conduct by the same perpetrator where the owner knew or should have known the person would be on premises
Additionally, plaintiffs must prove that injuries were a reasonably foreseeable consequence of the third party's exploitation of a specific physical condition, and that the risk was greater than the general risk in the vicinity.
Even Higher Bar for Licensees
Licensees—such as social guests—face an even more restrictive standard. They must prove the property owner had a "particularized warning of imminent wrongful conduct" and that the owner "willfully and wantonly failed to exercise any care" to remedy known dangerous conditions. This creates an extremely difficult burden of proof for personal injury cases.
Automatic 50% Fault Apportionment
Perhaps most significantly, SB 68 creates a rebuttable presumption that fault apportionment is unreasonable if less than 50% of fault is assigned to criminal third parties. This essentially guarantees that violent criminals bear at least half the blame, even when property owners failed to maintain adequate security.
Elimination of Georgia's Collateral Source Rule
SB 68 abolishes Georgia's collateral source rule for medical expenses, fundamentally changing how medical damages are calculated. Under the new law:
- Plaintiffs can only recover medical bills up to amounts actually paid by them or their insurance
- At-fault parties pay discounted insurance rates rather than full medical bills
- Insured plaintiffs will claim significantly less in medical damages than uninsured patients with identical treatment
- Health insurance information becomes discoverable in litigation
This change particularly impacts car accident victims and others with comprehensive health insurance coverage.
New Restrictions on Non-Economic Damage Arguments
The legislation limits how attorneys can present pain and suffering damages to juries. Key restrictions include:
- No mention of specific dollar amounts for non-economic damages until closing arguments
- Arguments must be "rationally related to evidence" rather than analogies to professional contracts or hypothetical scenarios
- Traditional comparison methods (job posting analogies, athlete contracts) are now prohibited
This significantly constrains how personal injury attorneys can advocate for appropriate compensation for clients' suffering.
Seatbelt Evidence Now Admissible
SB 68 eliminates Georgia's "seatbelt gag rule," allowing evidence of seatbelt non-use in motor vehicle accidents. This evidence may be used to establish:
- Plaintiff negligence or comparative fault
- Assumption of risk defenses
- Causation arguments
- Fault apportionment to reduce damages
The admissibility remains at judicial discretion but represents a significant shift favoring defendants in automobile accident cases.
Procedural Changes Affecting Case Management
Extended Discovery Stays
When defendants file motions to dismiss before or with their answer, discovery automatically stops until the court rules—potentially for months beyond the previous 90-day limit. This can severely delay evidence gathering and witness depositions in time-sensitive cases.
Restricted Voluntary Dismissals
Following federal court practice, plaintiffs now have only 60 days after defendants file answers to voluntarily dismiss cases without prejudice. After that point, dismissal requires either all parties' consent or court approval, limiting strategic case management options.
Mandatory Trial Bifurcation
Any party can elect to split trials into separate phases for liability and damages, with exceptions only for:
- Sexual offense cases involving minors who would suffer distress from multiple testimonies
- Cases with less than $150,000 in controversy
This change prolongs trials and prevents juries from seeing the full picture of plaintiffs' injuries when determining fault.
New Exemptions for Property Owners
SB 68 creates broad immunity for landowners in specific circumstances:
- Injuries to trespassers
- Crimes occurring during eviction proceedings
- Injuries on single-family home properties
- Situations where owners provide reasonable information to law enforcement about threats
- Cases where injured parties intended to commit crimes
These exemptions create complete bars to premises liability claims, regardless of the severity of property owner negligence.
Impact on Attorney Fee Recovery
The new Georgia Code Section 9-11-16 introduces several restrictions on attorney fee awards:
- Prohibition on "double-dipping" fee recovery under multiple statutes
- Contingency fee contracts cannot be used to determine fee reasonableness
- Additional limitations on fee-shifting provisions
These changes may make it more difficult for injured parties to find legal representation, particularly for smaller claims.
Effective Dates and Retroactive Application
Understanding when SB 68 applies is crucial for pending and future cases:
Immediate Effect (April 21, 2025)
- Discovery stay procedures
- Voluntary dismissal restrictions
- Trial bifurcation requirements
- Non-economic damage argument limitations
- Seatbelt evidence admissibility
- Attorney fee recovery restrictions
Prospective Application Only
- Negligent security law changes (claims arising after April 21, 2025)
- Collateral source rule elimination (claims arising after April 21, 2025)
Importantly, the law contains no grandfather provisions—filing date is irrelevant, only when the underlying incident occurred.
What This Means for Different Types of Cases
Premises Liability and Security Cases
Premises liability cases face the most dramatic changes, with substantially higher proof requirements and automatic fault-sharing with criminals. Property owners now have stronger defenses against claims arising from inadequate security measures.
Motor Vehicle Accidents
Car accident victims will see reduced medical damage awards due to collateral source changes and potential seatbelt evidence used against them. However, these cases remain viable under traditional negligence standards.
Medical Malpractice Claims
Medical malpractice cases are affected primarily by collateral source rule changes and procedural modifications, but core liability standards remain unchanged.
Wrongful Death Cases
Wrongful death claims face bifurcation requirements and non-economic damage argument restrictions, potentially reducing jury awards for surviving family members.
Strategic Considerations for Plaintiffs
If you're considering legal action in Georgia post-SB 68, several factors require careful consideration:
Timing is Critical
For incidents occurring before April 21, 2025, the old negligent security and collateral source rules still apply. However, all procedural changes affect these cases immediately.
Evidence Preservation
With extended discovery stays possible, early evidence preservation becomes even more critical. Document everything immediately after an incident.
Insurance Coverage Review
Given reduced medical damage recovery potential, reviewing your own insurance coverage for adequate protection is essential.
Case Evaluation Changes
Traditional case valuation methods no longer apply, particularly for negligent security and premises liability claims.
Georgia vs. South Carolina Legal Landscape
For residents near the Georgia-South Carolina border, understanding the different legal landscapes is important. While Georgia has implemented restrictive tort reforms, South Carolina premises liability law remains more plaintiff-friendly, maintaining traditional negligence standards without automatic fault apportionment to criminals.
Frequently Asked Questions About SB 68
Does SB 68 apply to my case if it happened before the law was signed?
It depends on the specific provision. Negligent security and collateral source changes only apply to incidents after April 21, 2025. All other provisions apply immediately to all cases, regardless of when the incident occurred.
Can property owners now ignore security completely?
No, but the standards for holding them liable are much higher. Owners must have specific knowledge of imminent threats or substantially similar prior crimes to face liability for third-party criminal acts.
Will my medical bills be worth less in a lawsuit now?
For incidents after April 21, 2025, yes. You can only recover what was actually paid by you or your insurance, not the full billed amounts. This particularly affects patients with good health insurance.
Can I still get compensation for pain and suffering?
Yes, but attorneys face restrictions on how they can argue for these damages. Arguments must be directly related to evidence rather than analogies or hypothetical scenarios.
What if the other driver wasn't wearing a seatbelt?
Seatbelt evidence can now be used in all motor vehicle cases to establish negligence, comparative fault, or reduce damages. This applies immediately to all pending and future cases.
Should I file my case quickly to avoid these changes?
Filing date doesn't matter—only the incident date. However, you should consult with an experienced attorney immediately to understand how the changes affect your specific situation.
The Broader Impact on Georgia's Legal System
SB 68 represents a fundamental shift toward defendant-friendly litigation in Georgia. Combined with companion legislation SB 69 addressing third-party litigation funding, these reforms aim to reduce the state's "$1,415 tort tax" on residents while addressing insurance availability concerns.
Critics argue the changes create unfair barriers for legitimate injury victims, while supporters contend they restore balance to Georgia's civil justice system. The real-world impact will become clearer as courts interpret and apply these new standards.
Limits on Attorneys’ Fee Recovery
SB 68 also targets how plaintiffs recover litigation expenses by adding O.C.G.A. § 9-11-16 to the Georgia Code. First, it introduces a “no double-dipping” rule for attorney’s fees and costs. A new Code section will prohibit recovering the same attorneys’ fees or expenses more than once under different statutes . For example, if two different statutes each could award fees for the same work, a plaintiff can’t stack them to get a double recovery unless a statute explicitly allows it . Additionally, this new section codifies that contingency contracts are not admissible to determine the reasonableness of attorney’s fees.
What Should You Do If You've Been Injured?
If you've been injured in Georgia, whether before or after SB 68's implementation, immediate action is crucial:
- Seek medical attention and document all treatment thoroughly
- Preserve evidence immediately, including photos, witness contacts, and incident reports
- Consult with an experienced attorney who understands SB 68's implications
- Don't delay—statute of limitations periods remain unchanged
- Review your insurance coverage to understand available protections
Expert Legal Guidance in the Post-SB 68 Era
Navigating Georgia's transformed legal landscape requires experienced counsel who understands both the law's complexities and its strategic implications. At Pracht Injury Lawyers, while we primarily practice in South Carolina, we stay current on developments affecting our clients who may have been injured across state lines.
The changes brought by SB 68 make it more important than ever to work with attorneys who understand the evolving legal landscape. Whether you're dealing with a premises liability case, motor vehicle accident, or other personal injury matter, having knowledgeable legal representation can make the difference between recovery and disappointment.
If you've been injured in Georgia or South Carolina and need experienced legal guidance, contact Pracht Injury Lawyers today at (864) 226-7222 for a free consultation. We'll help you understand your rights under current law and develop a strategy to pursue the compensation you deserve.
