Committee advances Senate Bill 68 after hours of debate over negligent-security, medical damages and trial procedure

Rob Leverett, chairman of the House Subcommittee on Rules on Lawsuit Reform, and members of the rules committees advanced changes to Senate Bill 68 on a party-line framework after extended debate on multiple sections of the bill, including premises liability (so-called negligent security), how juries see medical bills, stays on motions to dismiss, and whether civil trials may be bifurcated.

The bill's sponsor, Senator Kennedy, told the subcommittee the substitute before members was the product of extensive negotiation and compromise and said the measure would provide predictability while preserving plaintiffs' ability to sue. "If you carefully consider the language of SB 68 and go through the exercise of applying it, the actual language of this bill, not just cherry picking words ... I want to assure the members of this committee that under the provisions of Senate Bill 68, these cases, of course, can be brought. They'll be heard. And those that have been wronged will be fairly compensated," Senator Kennedy said.

Why it matters: The substitute would change how Georgia courts treat claims against property owners for crimes by third parties, require juries to see both the hospital "rack" (list) rate and the amount actually paid or owed for medical care, alter discovery stays tied to motions to dismiss, and authorize, with limits, trial bifurcation. Supporters say the changes add predictability for businesses and insurers and address rising litigation costs; opponents say parts of the substitute could limit valid claims, delay access to discovery, or create retroactive procedural changes for pending cases.

Key provisions and debate

Negligent-security (premises liability): Section 6 of the substitute attempts to define when an owner or occupier can be liable for third-party criminal acts. The substitute narrows the statutory scope to injuries "arising from an alleged failure to keep the premises and approaches safe from the wrongful conduct of third persons" and…