Governor Brian Kemp’s recent proposal for tort reform in Georgia has sparked heated debate. While the Governor argues that the changes are necessary to curb excessive lawsuits and large verdicts, I believe his approach ultimately fails to serve the people of Georgia. In fact, in its current state, it would undoubtedly end up protecting the interests of large corporations at the expense of individuals who have been harmed by negligence.

As someone who has dedicated my career to ensuring justice is both fair and accessible, I am deeply concerned about Governor Kemp’s proposal. Instead of focusing on making the legal system more equitable, his plan adds layers of complexity and makes it harder for injured individuals to seek the compensation they deserve. I am offering a vision of tort reform that prioritizes justice, efficiency, and fairness for all.

Governor Kemp’s Proposal: Protecting Corporations Over People

Governor Kemp’s tort reform package aims to reduce the number of lawsuits and verdicts that he claims are excessive. He argues that this will help lower insurance premiums and improve Georgia’s economic climate. But what Kemp’s plan fails to acknowledge is that, in attempting to limit frivolous lawsuits, it opens the door for corporations to continue operating with impunity—without the proper consequences for negligence.

The proposed reforms, introduced as Senate Bills 68 and 69 on January 30, 2025, include:

• Raising the standard for premises liability: This change would make it more challenging to hold property owners accountable for incidents occurring on their premises.

• Modifying damage award calculations: The reforms aim to ensure that juries consider actual medical costs rather than inflated figures, potentially reducing excessive financial penalties for businesses.

• Altering civil litigation procedures: For instance, requiring liability to be established before a jury can hear evidence of a plaintiff’s damages.

• Regulating third-party litigation financing: Implementing rules around third parties that fund litigation to increase transparency and fairness.

While the Governor is correct that some lawsuits can be frivolous, his approach risks disproportionately benefiting insurance companies and big corporations at the cost of everyday people. The focus should not be on punishing the victims of negligence by making it harder for them to pursue justice. Rather, we should be looking for ways to create a system where victims are treated fairly and compensated promptly, while still discouraging frivolous lawsuits.

My Proposal: Fairness and Efficiency for All

Instead of raising barriers for plaintiffs, tort reform should make the legal system more accessible, efficient, and transparent. It’s about holding corporations accountable for their actions while ensuring that individuals harmed by negligence receive timely and fair compensation.

Here are the key aspects of what I would propose:

• Simplify the legal process: We need to streamline the system to make it easier for plaintiffs to bring their cases forward. This means reducing delays that often frustrate victims and prolong their suffering.

• Timely compensation: People who have been harmed deserve to be compensated quickly, without unnecessary waiting periods. Victims should not face additional hardship while waiting for their day in court.

• Holding corporations accountable: Corporations should be held responsible for negligence, but not at the expense of justice for individuals. We need to ensure that businesses cannot escape liability by using procedural hurdles or slow compensation systems to delay or deny justice.

While Governor Kemp’s plan places limits on victim compensation and extends the time it takes to receive justice, we need to instead focus on creating a system that treats everyone with dignity and fairness. I’m committed to reforms that prioritize the needs of the injured party, rather than those of the corporations that may have caused harm in the first place.

The Similarities and Differences Between Our Proposals

While Governor Kemp and I agree that tort reform is necessary, our visions for reform could not be more different.

• Similarities: Both the Governor and I recognize that there is room for improvement in Georgia’s legal system. We both agree that litigation costs can be high and that there is a need to address lawsuits that may be without merit.

• Differences: Governor Kemp’s plan would make it harder for victims to pursue cases, potentially leaving many people without the justice they deserve. We need to, instead, make the legal process simpler, more efficient, and equitable—ensuring that those who have been wronged can seek and receive fair compensation in a timely manner.

Closing Thoughts

Governor Kemp’s tort reform proposal aims to reduce lawsuits and verdict sizes, but it ultimately risks prioritizing corporate interests over the rights of the people. By raising barriers to justice, it would hurt those who need it most.

I believe that real tort reform should focus on fairness, accountability, and efficiency. We need to ensure that victims of negligence are not left behind, while also promoting a legal system that holds corporations accountable. As we move forward, I’m committed to working with Georgia lawmakers to craft a solution that truly serves the interests of the people, not the powerful.