2023-2024 Proposed Georgia Legislative Updates: General Liability

‍In its current session, the Georgia Legislature is considering numerous bills that, if passed, will directly impact the landscape of legal liability in the state. Below we summarize some important components of this proposed legislation:

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UPDATE

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HOUSE BILL 543:

Raises damages minimum required for twelve-person jury demands from $25,000 to $100,000. This bill has passed the House.

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HOUSE BILL 530:

Formally adopts the “Apex Doctrine” in Georgia to limit depositions of high-ranking corporate officials. Where discovery is sought from certain high ranking corporate or public employees, a court may protect a person or party from “annoyance, embarrassment, oppression or undue burden or expense” with measures including limiting the scope and manner of discovery and maintaining confidentiality of certain information. This bill has passed the House. (Note that SB 200 was not called to the floor as Senate leadership decided to work on HB 530 in the Senate.)

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HOUSE BILL 271:

Eliminates direct-action claims against insurers of motor carriers. Note that Georgia is currently only one of four states that still allow direct-action claims. This bill did not pass the House.

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HOUSE BILL 275:

Limits discovery in civil actions:

• Limits discovery of drivers’ safety performance history to certain federal standards.
• Limits discovery of GPS data or videos to the date on which accident or moving violation at issue occurs.

This bill did not pass the House.

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SENATE BILL 2:

Extends COVID liability protections to businesses and healthcare providers without an expiration date so long as they are not grossly negligent in conducting their operations. This bill did not receive a hearing.

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SENATE BILL 142:

Expands the definition of a “dangerous dog” and requires an owner of a “dangerous dog” to carry a minimum insurance policy of $500,000.00 for prospective liability. This bill did not pass the Senate.

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SENATE BILL 186: “Georgia Landowners Protection Act”

• Eliminates constructive notice when third party criminal acts occur on a landowner’s property.
• Provides that to be liable for third party criminal acts that occur on a landowner’s property, the landowner must have had actual notice of the activity and to have contributed to the harm.
• Sets forth apportionment of fault standards in premises liability actions against landowner for third party criminal acts, as follows:
• Only factors to be considered are the relative degrees of fault (not pending criminal charges or financial resources of the parties).
• An injured party may not receive any damages if he or she is fifty percent or more responsible.
• If the jury does not apportion an appropriate degree of fault to the third party, the court may set aside the verdict and require a retrial.

         This bill was not called to the Senate floor.

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SENATE BILL 191:

Like HB 271, repeals provisions authorizing direct-action claims against insurance carriers of motor carriers. This bill was not called to the Senate floor.

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SENATE BILL  192:

Like HB 275, limits discovery in civil actions:

• Limits discovery of drivers’ safety performance history to certain federal standards.  
• Limits discovery of GPS data or videos to the date on which accident or moving violation at issue occurs.

This bill did not pass the Senate.

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SENATE BILL 196:

Provides that failure to wear a seatbelt is admissible as evidence of negligence in civil actions. Note that the bill was defeated in the Senate Transportation Committee but subsequently resurrected and narrowly passed on committee vote on February 27, 2023. This bill did not pass the Senate, falling short by 5 votes after significant pressure was applied to oppose it by the plaintiffs’ bar. There may be opportunities to attach it to a bill after Crossover.

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SENATE BILL 200:

Like HB 530, formally adopts the Apex Doctrine to limit depositions of high-ranking corporate officials. SB 200 provides that where discovery is sought from certain high ranking corporate or public employees, a court may protect a person or party from “annoyance, embarrassment, oppression or undue burden or expense” with measures including limiting scope and manner of discovery and maintaining confidentiality of certain information. As noted above, this bill was not called to the Senate floor as Senate leadership decided to work on HB 530 in the Senate. (Note that HB 530 did pass.)

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SENATE BILL 203: Trucking Opportunity Act of 2023

• Eliminates direct-action claims against insurance carriers of motor carriers in tort and contract causes of action.
• Authorizes truck drivers driving solely intrastate commerce to both:
• Drive a motor vehicle for 12 hours, provided he or should has not been on duty for more than 16 hours, and  
• Provide 70 hours of service in 7 days or 80 hours of service in 8 days.
• Includes a presumption that if a truck driver obtained a commercial driver’s license in accordance with federal standards, he or she is qualified to operate a commercial motor vehicle.

         This bill passed the Senate (though only once meaningful language was removed).