Georgia Governor Brian Kemp said on Tuesday that he will push for a new overhaul of the state’s tort laws in the next legislative session. He made the announcement at an annual event of the Georgia Chamber of Commerce in Athens, where he addressed a crowd of about 1,000 business leaders.
Kemp said that he wants to sign legislation that aims to reduce insurance premiums and curb “frivolous lawsuits” as he takes aim at overhauling regulations guiding plaintiffs’ litigation. He argued that the current laws are hurting the state’s economy and driving away potential jobs.
“Our judicial system should not favor one party over the other,” Kemp said. “Our laws should not put their thumb on the scale for the accused or the accuser. And our business environment should help businesses start, operate and grow – not incentivize higher prices, smaller payrolls and more red tape.”
Kemp did not provide any specific details about his proposed reforms, but said he will direct legislators to work on them ahead of the 2024 session. He also said that any overhaul must reduce insurance premiums, “level the playing field in our courtrooms” and help generate new jobs.
Kemp faces opposition from trial lawyers and Democrats
Kemp’s call for tort reform is likely to face strong opposition from trial lawyers and Democrats, who have long opposed efforts to make it harder to bring litigation and curb big jury awards. They argue that such reforms would limit the rights of victims and favor powerful corporations and insurance companies.
Trial lawyers and patient advocacy groups have also challenged previous attempts to cap damages in court, saying that they put an arbitrary price on a person’s life. In 2010, the Georgia Supreme Court struck down a law that capped medical malpractice pain-and-suffering awards at $350,000, ruling that it violated the state constitution.
Democrats, who tend to align with trial lawyers in the fight over tort reform, have also expressed skepticism about Kemp’s motives and goals. U.S. Senator Jon Ossoff, a first-term Democrat who also spoke at the chamber event, urged cooperation and bipartisanship on economic issues.
“Parties who have been harmed or injured or exploited or abused deserve an opportunity for our justice system to pursue redress,” Ossoff said. “Let’s work together. Let’s put politics aside.”
Kemp aligns with business interests and conservatives
Kemp’s speech signals that he will back the chamber, which endorsed his 2024 reelection bid. The chamber has long supported limits on lawsuits, but their efforts have stalled in the legislature in recent years. Kemp’s speech also aligns with his background as a property developer and his conservative base.
Owners of commercial properties and apartment complexes have been some of the biggest supporters of lawsuit limits, as they face high insurance costs and liability risks. Another big backer is the trucking industry, which has been hit by rising premiums and large verdicts in recent years.
Kemp cited these industries as examples of why tort reform is needed in Georgia. He said that local trucking companies either can’t afford or can’t find insurance coverage, and that business owners live in fear of being sued for ridiculous claims on their property.
He also linked the issue to auto insurance rates, which could help him appeal to voters. Georgia had the eighth most expensive average auto insurance premiums in 2020, according to the National Association of Insurance Commissioners, with an average premium of $1,254.83.
