The American Tort Reform Association (ATRA) has announced that lawmakers in Georgia have approved a significant tort reform bill addressing phantom damages and premises liability. The bill, known as Senate Bill 68, now awaits the governor's signature following its announcement in a press release on March 21.
According to ATRA, Senate Bill 68 represents a crucial step in Georgia’s efforts to reform its civil litigation system. The bill addresses concerns related to phantom damages—where plaintiffs receive inflated awards based on medical costs never actually paid—and aims to limit expansive premises liability rules that hold businesses accountable for third-party criminal acts. ATRA said that the bill’s progress indicates growing momentum to remove Georgia from the Judicial Hellhole rankings and enhance the fairness of its legal environment.
The legislative journey of SB 68 included a 34–21 concurrence vote in the Georgia Senate after receiving House approval by a margin of 91–82, as documented on the Georgia General Assembly’s official bill tracking page. The bill maintained its core reform provisions, including limits on phantom damage awards and updates to premises liability standards. The narrow vote margins highlight the contentious nature of tort reform efforts within the state.
A study conducted in 2023 by the Pacific Research Institute found that excessive tort costs in Georgia result in a $1,415 "tort tax" per resident or approximately $5,662 annually for a family of four. The report also indicated that litigation costs lead to an estimated loss of 134,898 jobs across the state each year. It suggests that without reform, these economic burdens will continue to impede Georgia’s growth and competitiveness.
The American Tort Reform Association, established in 1986, is a national advocacy organization focused on reforming civil justice laws and curbing lawsuit abuse. ATRA publishes the annual Judicial Hellholes report, which ranks states and jurisdictions based on perceived legal fairness. Its policy recommendations are frequently referenced in legislative debates concerning tort reform.