Both sides of the controversial tort reform issue got their say at the Georgia Capitol Thursday, not on either the state House or Senate floors but in the hallways under the Gold Dome.

A group of business owners held a news conference Thursday morning to endorse legislation Gov. Brian Kemp has singled out as his top priority for the 2025 General Assembly session.

The comprehensive bill, which the Republican-controlled Senate passed last month mostly along party lines, is intended to reduce “runaway” jury awards in civil lawsuits that business owners complain are threatening to put them out of business.

“Our industry is under attack … by frivolous lawsuits,” said Haley Bower-Frank, chief marketing officer for Flowery Branch-based Clipper Petroleum, which operates convenience stores across North Georgia. “The current situation is absolutely crushing small businesses.”

Later Thursday, victims of human trafficking and lawyers who represent victims and their families in lawsuits against businesses where trafficking takes place, held a news conference of their own to criticize Senate Bill 68. Their opposition focused mainly on a provision in the bill that establishes “premises liability” guidelines for when plaintiffs can sue business owners for negligence due to injuries suffered from criminal acts committed by a third party outside of the defendant’s control.

“This bill will give total immunity to bad actors … no matter how many safety measures they fail to take,” said Natanya Brooks, a trial lawyer with an office in Peachtree Corners. “This bill is not good for Georgians. It will cost lives.”

Survivors of human trafficking aimed most of their complaints at hotels they said are aware that human trafficking is going on inside their premises but fail to act.

At the earlier news conference, a hotel executive defended the industry’s practices when it comes to preventing human trafficking.

“Safety and security of our properties is always at the forefront,” said Frank Phair, vice president of hotel operations for Legacy Ventures Hospitality, which operates several hotels in metro Atlanta.

The bill’s opponents also criticized a provision in Senate Bill 68 that would require liability in a civil suit to be determined before the jury considers damages if either the plaintiff or defendant requests such “bifurcation” of trials. They said such bifurcation would force victims already traumatized by trafficking to testify multiple times in court.

After years of failing to push significant tort reform through the General Assembly, Republicans have built strong momentum this year, thanks in large part to Kemp’s pledge to call a special session of the legislature if lawmakers don’t act on the issue. Tort reform also is being heavily lobbied, with two business groups launching statewide ad campaigns in favor of the bill this week.

“Small businesses are the backbone of Georgia’s economy, but many local businesses are struggling under the weight of excessive litigation costs,” said Hunter Loggins, director of the state chapter of the National Federation of Independent Business. “Senate Bill 68 would help Main Street businesses focus on growth, job creation, and serving their communities instead of wasting time and money fighting unfair lawsuits.”

Meanwhile, an Atlanta personal injury law firm headed by former Democratic state Rep. Ronnie Mabra posted a billboard along the Downtown Connector in Atlanta urging a “no” vote on the bill.

The Senate bill now sits in the House Rules Committee, which formed a special subcommittee that has heard hours of testimony from both sides. It’s expected to reach the House floor for a vote next week..

Opponents said Thursday they plan to propose an amendment to the legislation to carve out human trafficking from the premises liability provision.

Capitol Beat is a nonprofit news service operated by the Georgia Press Educational Foundation that provides coverage of state government to newspapers throughout Georgia. For more information visit capitol-beat.org.

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