SB 68: Civil Practice; substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, damages, and liability in tort actions; provide

This bill makes wide-ranging changes to Georgia's rules for civil lawsuits, especially personal injury and wrongful death cases. It replaces the old rule on arguing pain and suffering with a detailed system: lawyers can only argue a dollar value for noneconomic damages (pain, suffering, loss of enjoyment of life) after evidence closes, and their opening and closing arguments on that value must match. It changes deadlines for filing answers to lawsuits, adds a new stay-of-discovery process when a motion to dismiss is pending, and tightens rules for voluntarily dismissing and refiling a case. The bill also creates Georgia's first statutory negligent security law, spelling out exactly when a property owner can be sued over crime committed by someone else on their property, and setting exceptions and fault-sharing rules. It reverses part of the seat belt law so a driver's failure to wear a seat belt can now be used as evidence in a lawsuit. It also changes how medical expenses are calculated and disclosed in injury cases, including new rules for medical bills run up under 'letter of protection' financing arrangements. Most provisions take effect immediately upon the Governor's signature and apply to pending cases, except the negligent security and medical expense sections, which apply only to future incidents.

• Limits when and how lawyers can tell a jury a specific dollar value for pain and suffering (noneconomic damages), requiring it to wait until closing evidence and match earlier arguments.
• Changes the deadline for a defendant to answer a lawsuit and creates a formal process pausing discovery (evidence gathering) while a motion to dismiss is pending.
• Restricts voluntarily dropping and refiling a lawsuit by shortening the window to dismiss without a court order and adding rules about when a second dismissal counts as a final loss.
• Bars a person from collecting the same attorney's fees or court costs twice under different laws, and blocks contingency fee agreements from being used as proof that fees are reasonable.
• Allows evidence that a driver or passenger was not wearing a seat belt to be used in court to argue fault or reduce a damage award, reversing the prior ban on such evidence.
• Creates a new Georgia law defining and limiting 'negligent security' lawsuits against property owners and security companies for crimes committed by third parties on their property.

People filing or defending personal injury and wrongful death lawsuits in Georgia, including plaintiffs' and defense attorneys, property owners and businesses (especially those facing negligent security claims for crimes on their premises), security companies, insurance companies, healthcare providers who bill through letters of protection, and drivers or passengers involved in car accident litigation.

The changes could shift outcomes in Georgia injury lawsuits: juries would hear new types of evidence like seat belt non-use and insurance-adjusted medical bills, property owners would face a narrower and more defined path to being sued over crimes on their land, and the timing of court proceedings and fee awards would change for both sides.

• Section 1 rewrites O.C.G.A. § 9-10-184 to define economic and noneconomic damages and restrict when and how attorneys can argue a dollar value for noneconomic damages to the jury.
• Section 2 amends O.C.G.A. § 9-11-12 to set new answer deadlines and create a formal discovery stay process, generally lasting until a court rules on a motion to dismiss within 90 days of briefing.
• Section 3 amends O.C.G.A. § 9-11-41 to shorten the deadline for voluntary dismissal without a court order to 60 days after an answer is served and clarifies when a second dismissal counts as a final adjudication.
• Section 4 adds O.C.G.A. § 9-15-16, barring double recovery of the same attorney's fees or costs under multiple statutes and barring contingency fee agreements as proof of fee reasonableness.
• Section 5 amends O.C.G.A. § 40-8-76.1 to let courts admit evidence of a person's failure to wear a seat belt on issues of negligence, causation, and fault apportionment.
• Section 6 creates new O.C.G.A. §§ 51-3-50 through 51-3-57, establishing a negligent security cause of action against property owners and security contractors, with defined terms, required proof elements, listed exceptions (such as trespassers or single-family homes), and fault-apportionment rules.
• Section 7 adds O.C.G.A. § 51-12-1.1, limiting recoverable medical expense damages to the reasonable value of necessary care and requiring disclosure of insurance-adjusted costs and letter of protection billing details.
• Section 8 adds O.C.G.A. § 51-12-15, letting a party request a bifurcated trial deciding fault before damages, with exceptions for certain sexual offense cases and claims under $150,000.

1. 2025-04-21Effective Date
2. 2025-04-21Act 9
3. 2025-04-21Senate Date Signed by Governor (Senate)
4. 2025-04-07Senate Sent to Governor (Senate)
5. 2025-03-21Senate Agreed House Amend or Sub (Senate)
6. 2025-03-20House Immediately Transmitted to Senate (House)
7. 2025-03-20House Passed/Adopted By Substitute (House)
8. 2025-03-20House Third Readers (House)

• John F. Kennedy (R, SD-18)Primary sponsor
• Steve Gooch (R, SD-51)
• Randy Robertson (R, SD-29)
• Jason Anavitarte (R, SD-31)
• Larry Walker, III (R, SD-20)
• Bill Cowsert (R, SD-46)
• Ben Watson (R, SD-1)
• Drew Echols (R, SD-49)
• Greg Dolezal (R, SD-27)
• Shawn Still (R, SD-48)
• Kay Kirkpatrick (R, SD-32)
• Brandon Beach (R, SD-21)
• Chuck Payne (R, SD-54)
• Frank Ginn (R, SD-47)
• Lee Anderson (R, SD-24)
• Rick Williams (R, SD-25)
• Max Burns (R, SD-23)
• John Albers (R, SD-56)
• Clint Dixon (R, SD-45)
• Ed Setzler (R, SD-37)
• Matt Brass (R, SD-6)
• Russ Goodman (R, SD-8)
• Mike Hodges (R, SD-3)
• Sam Watson (R, SD-11)
• Marty Harbin (R, SD-16)
• James Burchett (R, HD-176)

1. FailedSenate voteFebruary 21, 2025

   21 yea, 33 nay (0 not voting, 2 excused)

   ADOPTION OF AMEND #2A BY SEN FROM THE 7TH TO AMEND #2 BY SEN FROM THE 7TH: Senate Vote #81

2. FailedSenate voteFebruary 21, 2025

   21 yea, 33 nay (0 not voting, 2 excused)

   ADOPTION OF AMENDMENT #2 BY THE SENATOR FROM THE 7TH: Senate Vote #82

3. PassedSenate voteFebruary 21, 2025

   33 yea, 21 nay (0 not voting, 2 excused)

   PASSAGE BY SUBSTITUTE: Senate Vote #83

4. PassedHouse voteMarch 20, 2025

   91 yea, 82 nay (1 not voting, 6 excused)

   PASSAGE: House Vote #290

5. PassedHouse voteMarch 20, 2025

   94 yea, 77 nay (3 not voting, 6 excused)

   Immediately Transmit: House Vote #291

6. FailedSenate voteMarch 21, 2025

   22 yea, 32 nay (1 not voting, 1 excused)

   AGREE TO HOUSE SUBSTITUTE AS AMENDED: Senate Vote #272

7. PassedSenate voteMarch 21, 2025

   34 yea, 21 nay (0 not voting, 1 excused)

   AGREE TO HOUSE SUBSTITUTE: Senate Vote #273

• tort reform
• personal injury lawsuits
• negligent security
• civil lawsuit procedure
• medical expense damages