On March 21, 2025, the Georgia Senate passed S.B. 68, which contains numerous provisions affecting civil lawsuits in Georgia. The provisions include limits on the amounts plaintiffs can recover for medical expenses, restrictions on the amount of attorney’s fees that can be recovered, a prohibition on lawyers arguing for specific damages amounts from juries, revisions to premises liability causes of action for negligent security, and more. The bill is now headed to Government Brian Kemp for his signature and is expected to be signed into law soon. Below is a summary of the key parts of S.B. 68.
Damages for Pain and Suffering
S.B. 68 prohibits counsel from stating any specific amount for pain and suffering damages to the jury (either in argument or through a witness), a practice known as “anchoring.” The remedy for such violations includes courts rebuking counsel, striking prospective jurors, or, if a jury has already been empaneled, instructing the jurors not to consider anchoring statements.
Answers to Lawsuits
If a party responds to a lawsuit by filing a motion, S.B. 68 requires the party to answer the lawsuit within 15 days of the court’s ruling on that motion. If a defendant files a motion for a more definite statement, the defendant must file an answer within 15 days of when the more definite statement is served. These changes bring Georgia law largely in line with the Federal Rules of Civil Procedure (the “Federal Rules”), which differ only in that they allow 14 days instead of 15 days for parties to file an answer under the same circumstances.
Discovery Stays
S.B 68 retains automatic discovery stays until a court rules on a motion filed in response to a pleading. But to extend the automatic discovery stay beyond 90 days, S.B. 68 requires a party to file a motion and show good cause to the court. Previously, the discovery stay lasted until the court ruled on the motion filed in response to the pleading. Under the Federal Rules, filing a motion does not automatically stay discovery.
Dismissing Lawsuits
S.B. 68 narrows the window within which a plaintiff may dismiss a lawsuit without permission of the court. The bill requires a plaintiff to dismiss the lawsuit before the opposing party serves an answer or a motion for summary judgment. Previously, a party could wait until after a jury was empaneled and just before a witness was sworn in to dismiss a lawsuit. This change aligns Georgia law with the Federal Rules. The first dismissal does not limit the party’s ability to re-file the lawsuit, but if a plaintiff dismisses suit based on the same claim a second time, the plaintiff cannot bring that claim again.
Attorney’s Fees
S.B 68 limits recovery of attorney’s fees to one recovery, unless a statute authorizes recovery of duplicate attorneys’ fees and costs. S.B. 68 also provides that contingent fees cannot be admitted as proof of what is reasonable in determining reasonable attorney’s fees. There is no limit or change to contractual rights providing for attorney’s fees.
Expenses of Litigation in Breach of Contract Cases
S.B. 68 explicitly allows for the award of litigation expenses in breach of contract cases, but only when a party has acted in bad faith or has been stubbornly litigious.
Seatbelts
In a reversal of long-standing policy, S.B. 68 allows for the introduction of evidence against a party when that a party was not wearing a seatbelt in negligence and other cases. S.B. 68 also provides, however, that insurers cannot cancel insurance or raise rates for drivers or occupants for not wearing a seatbelt.
Medical Costs / Special Damages
S.B. 68 limits the amounts juries can award for medical and healthcare expenses to the reasonable value of medically necessary care, treatment, or services. Where a plaintiff has health insurance, S.B. 68 requires juries to be shown both the total billed charges for services and the amount that would be paid after any applicable discount, whether the amounts were already incurred or projected for the future. Although a prior version of the bill would have prohibited juries from awarding a plaintiff the total billed charges for medical costs, S.B. 68 does not preclude such an award. It merely requires that jurors be shown the breakdown between billed charges and actual costs.
Phasing Trials
S.B. 68 provides for splitting trials into three phases: one to determine liability, a second to determine the amount of damages that should be awarded, and a third to decide whether to award punitive damages, attorney’s fees, or court costs.
Negligent Security
S.B. 68 also codifies and limits a cause of action for negligent security when a property owner or occupier fails to keep individuals who are on or around their property safe from the wrongful conduct of third parties. The law raises the standard a plaintiff must meet to hold a property owner liable for foreseeable criminal activity by third parties acting on the property. When negligent security cases are brought, juries are to consider the following factors when assessing whether a property owner or occupier has breached a duty to keep their property safe from the wrongful conduct of third persons:
- The security measures employed by the owner or occupier at the time of the injury occurs;
- The need for additional or other security measures;
- The practicality of additional or other security measures;
- Whether additional or other security measures would have prevented the injury;
- The respective responsibilities of owners or occupiers with respect to the premises and government with respect to law enforcement and public safety; and
- Any other relevant circumstances.
S.B. 68 requires juries to apportion fault to a third person whose conduct in any way contributed to an injury that gave rise to a negligent security action. Negligent security actions can also be brought against security contractors under the same rules when the contractors are hired by property owners to keep a premises safe.
S.B. 68 will become effective on the date Governor Kemp signs it into law.
A copy of S.B. 68 is available here, and a copy of Amendment #1 on special damages, which was adopted, is available here.
