The American Tort Reform Association (ATRA) has declared Georgia as the leading "judicial hellhole" in the country for 2023/2024. This classification is due to what the association refers to as "excessive, 'nuclear' verdicts, expanded premises liability, and questionable decisions by the Georgia Supreme Court." Governor Brian Kemp has advocated for tort reform to aid Georgia's consumers and small businesses. However, the state legislature's efforts towards tort reform have primarily targeted the trucking industry so far.
According to a press release from ATRA, Georgia’s legal environment is plagued with outsized jury verdicts, resulting in higher costs for consumers. "Georgia’s No. 1 Judicial Hellhole ranking should be a wake-up call," stated Sherman "Tiger" Joyce, ATRA president. He added that "lawsuit abuse wipes out billions of dollars in economic activity annually in Georgia and threatens the state’s business-friendly reputation." The state continues to witness an increase in verdicts exceeding $10 million, including a $1.7 billion verdict in August 2022. It is one of the few states that permits "anchoring," a method where attorneys can propose an "exorbitant award amount" for noneconomic damages, establishing an "anchor" point in jurors’ minds which could sway their decisions.
Joyce praised Gov. Kemp's call for tort reform according to the press release. He expressed optimism stating that "despite these challenges, there is hope for reform." Joyce further encouraged citizens, lawmakers, and businesses to unite in advocating for positive change with an aim to protect economic vitality, support small businesses and restore faith in Georgia’s legal system.
In August, Kemp emphasized on tort reform citing excessive lawsuits as a factor escalating insurance costs in Georgia according to WABE reports. He pointed out that rising car insurance rates are one of the consequences of these excessive lawsuits. Georgia ranks among the states with the highest car insurance costs. Kemp addressed the Georgia Chamber of Commerce stating that "the laws on our books make it too easy to bring frivolous lawsuits against Georgia business owners which drive up the price of insurance and stop new, good-paying jobs from ever coming to communities that need them the most."
Despite Kemp’s call for prioritizing tort reform, Law.com reported that the state legislature's tort reform efforts have predominantly been concentrated on the trucking industry.
ATRA, as described on its website, is a nationwide network of state-based legal reform groups. The American Council of Engineering Companies established ATRA in 1986 and was soon joined by the American Medical Association. ATRA operates at both state and federal levels to ensure fairness in the civil justice system.