This spring, Georgia Gov. Brian Kemp signed a law that he had encouraged the state legislature to pass. It’s also one that businesses and insurance companies championed.
That’s because it is intended to keep businesses’ insurance premiums from rising any further and, in some cases, becoming unaffordable. As one Georgia legislator who supported the new law said, it will help protect businesses from “frivolous lawsuits while ensuring that Georgians who are injured are still able to recover for their claims.”
Key points in the new law
So, what does the new law mean for those who are injured on a commercial property? Let’s look at some of the changes included in the law:
- Businesses are only liable for risks that they can “directly control.”
- Plaintiffs must be able to tie any pain and suffering damages for which they’re seeking compensation directly to their injuries from the accident.
- Jurors in these cases must factor in how much of a plaintiff’s medical bills were covered by their own insurer when they award damages to ensure “truth in damages.”
- Either party can ask for a “bifurcated” trial in which jurors have to find a defendant liable before they can consider any testimony or evidence regarding damages.
In a statement, the Governor’s Office said that the law “protects the jury’s decision making from irrelevant and improper arguments from counsel – empowering the jury to decide an award amount based on real evidence in the case.”
The new law will no doubt present added challenges to those who bring legal action against a property owner for negligence that resulted in injuries. However, it shouldn’t prevent those who were injured due to a property or business owner’s negligence from getting fair compensation for both economic and non-economic damages. It does mean, however, that experienced legal guidance is more crucial than ever.
