Key Priorities
Direct Action
Georgians Against Legal System Abuse worked tirelessly to advocate for legislation to limit the instances in which a trial lawyer can file a direct action claim against a motor carrier or trucking company’s insurer to maximize the settlement offer or jury verdict at the expense of hardworking Georgians. Until this legislative session, Georgia had been one of only four states in the country that allowed trial lawyers to seek damages directly from the insurance carrier in certain motor vehicle accidents.
Fortunately, Senate Bill 426, the Direct Actions Against Motor Carrier Insurance Bill was passed and enacted and will limit the ability to directly name the insurer. This vital piece of reform legislation will become law and be applied to causes of action accruing on or after July 1, 2024.
Premises Liability
A business owner should not be held liable for the actions of a third party unless the owner is shown to have taken specific actions to cause the harm that occurred on their property. For far too long business owners have been held responsible for the intentional or criminal actions of third parties.
While there were efforts to bring about meaningful reform to Georgia’s current premises liability law during the 2024 legislative session, the trial bar’s influence stopped it from moving to the floor for a vote.
Bottom Line: The fact that Georgia allows lawsuits blaming small businesses for the criminal conduct of others on or near their property is unfair. Reform is needed now!
“Premises liability is a big concern for Georgia’s small businesses. The courts have awarded tens of millions of dollars against property owners and businesses for crimes committed by criminals on or even just outside their property.”
Transparency in Damages
Under current Georgia law trial lawyers are able to keep important information relevant to the determination of damages from reaching the jury. This allows trial lawyers and other bad actors to artificially inflate medical expenses and keeps the jury from knowing the true cost. This drives up costs for everyone.
Bottom Line: Reform is needed to promote transparency in the damages process and to stop trial lawyers from gaining bigger paydays for themselves.
Third Party Litigation Funding
Current law in Georgia allows for secret and dangerous lawsuit lending practices that take advantage of injured parties and turn our courts into money-making machines for trial lawyers, bad actors in the medical field, and even foreign investors who all end up collecting more than the injured party.
HB 1244, introduced in the 2024 legislative session, aimed to bring disclosure and transparency to third party litigation funding in Georgia. Despite it’s robust framework, Georgia lawmakers opted to let this bill stall, neglecting the opportunity to bring about transparency and accountability for hardworking Georgians.
Bottom Line: Transparency and disclosure are needed to keep costs down, protect consumers and restore balance to our legal system.