Georgia 2025-2026 Regular Session

Georgia Senate Bill SB68 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		25 LC 49 2362S
2		-	Senate Bill 68
3		-	By: Senators Kennedy of the 18th, Gooch of the 51st, Robertson of the 29th, Anavitarte of
4		-	the 31st, Walker III of the 20th and others
5		-	AS PASSED
	2	+	The House Committee on Rules offers the following substitute to SB 68:
6	3		A BILL TO BE ENTITLED
7	4		AN ACT
8		-	To amend Titles 9, 40, and 51 of the Official Code of Georgia Annotated, relating to civil
9		-	1
	5	+	To amend Titles 9, 40, and 51 of the Official Code of Georgia Annotated, relating to civil1
10	6		practice, motor vehicles, and torts, respectively, so as to provide for substantive and2
11	7		comprehensive revision of provisions regarding civil practice, evidentiary matters, damages,3
12	8		and liability in tort actions; to provide limitations relative to evidence of noneconomic4
13	9		damages; to provide for timing of answers and discovery; to provide for dismissals of civil5
14	10		actions; to provide for attorney's fees, court costs, and litigation expenses; to provide for6
15	11		admissibility of evidence related to seat safety belts; to provide for trial procedures; to7
16	12		provide for a negligent security cause of action; to provide for exclusive remedies for8
17	13		negligent security actions subject to exceptions; to provide for apportionment of damages in9
18	14		negligent security actions; to provide for the recovery of special damages for medical and10
19	15		healthcare expenses in personal injury and wrongful death cases; to provide for construction;11
20	16		to provide for definitions; to provide for related matters; to provide for an effective date and12
21	17		applicability; to repeal conflicting laws; and for other purposes.13
22	18		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
23		-	S. B. 68
	19	+	S. B. 68 (SUB)
24	20		- 1 - 25 LC 49 2362S
25		-	SECTION 1.
26		-	15
	21	+	SECTION 1.15
27	22		Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by16
28	23		revising Code Section 9-10-184, relating to value of pain and suffering may be argued, as17
29	24		follows:18
30	25		"9-10-184.19
31		-	(a) As used in this Code section, the term:
32		-	20
	26	+	(a) As used in this Code section, the term:20
33	27		(1) 'Economic damages' means pecuniary damages recoverable in tort for bodily injury21
34	28		or wrongful death, including, but not limited to, damages for past and future medical22
35	29		expenses; costs of rehabilitation; costs of therapy; loss of wages; loss of income; loss of23
36	30		earning capacity; loss of services performed by the injured or deceased person as a result24
37	31		of the injury or death, including domestic and other necessary services performed without25
38	32		compensation; and funeral or burial expenses.26
39	33		(2) 'Noneconomic damages' means all damages recoverable in tort for bodily injury or27
40	34		wrongful death other than economic damages, including, but not limited to, damages for28
41	35		physical or emotional pain, discomfort, anxiety, hardship, distress, suffering,29
42	36		inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment30
43	37		of life, loss of society and companionship, loss of consortium, injury to reputation, and31
44	38		in wrongful death cases, the nonpecuniary elements of the full value of life.32
45	39		(b) Except as otherwise provided in subsection (c) of this Code section, in the trial of any33
46	40		action to recover damages for bodily injury or wrongful death, counsel shall not argue the34
47	41		worth or monetary value of noneconomic damages, and counsel shall not, in the hearing35
48	42		of the jury or any prospective juror, elicit any testimony regarding, or make any reference36
49	43		to, any specific amount or range of amounts of noneconomic damages, the measure of such37
50	44		damages being the enlightened conscience of an impartial jury.38
51	45		(c)(1) In the trial of any action to recover damages for bodily injury or wrongful death,39
52	46		counsel for any party shall be allowed to argue the worth or monetary value of40
53	47		noneconomic damages only after the close of evidence and at the time of such party's41
54		-	S. B. 68
	48	+	S. B. 68 (SUB)
55	49		- 2 - 25 LC 49 2362S
56	50		first opportunity to argue the issue of damages, provided that such argument shall be42
57	51		rationally related to the evidence of noneconomic damages and shall not make reference43
58	52		to objects or values having no rational connection to the facts proved by the evidence.44
59	53		(2) If counsel is entitled to the opening and concluding arguments, then counsel shall not45
60	54		be allowed to argue the worth or monetary value of noneconomic damages during such46
61	55		counsel's concluding argument unless counsel has argued the worth or monetary value47
62	56		of noneconomic damages during such counsel's opening argument, and such counsel shall48
63	57		not argue a different worth or monetary value of noneconomic damages in concluding49
64	58		arguments than was argued in such counsel's opening argument.50
65	59		(d) If counsel elicits any testimony, or makes any argument or reference, prohibited by this51
66	60		Code section in the hearing of the jury or one or more prospective jurors, the court shall52
67	61		take remedial measures as provided in Code Section 9-10-185 or shall, with respect to53
68	62		prospective jurors, excuse the prospective jurors.54
69	63		(e) Nothing in this Code section shall be construed to prohibit counsel from asking55
70	64		prospective jurors during voir dire whether they could return a verdict that does not award56
71	65		any damages or a verdict in excess of some unspecified amount, provided that such57
72	66		question is supported by the evidence. In the trial of a civil action for personal injuries,58
73	67		counsel shall be allowed to argue the worth or monetary value of pain and suffering to the59
74	68		jury; provided, however, that any such argument shall conform to the evidence or60
75	69		reasonable deductions from the evidence in the case."61
76	70		SECTION 2.62
77	71		Said title is further amended in Code Section 9-11-12, relating to answer, defenses, and63
78	72		objections, when and how presented and heard, when defenses waived, and stay of discovery,64
79	73		by revising subsections (a), (e), and (j) as follows:65
80	74		"(a) When answer presented.66
81		-	S. B. 68
	75	+	S. B. 68 (SUB)
82	76		- 3 - 25 LC 49 2362S
83	77		(1) Except as provided in paragraph (2) of this subsection, a A defendant shall serve his67
84	78		an answer within 30 days after the service of the summons and complaint upon him the68
85	79		defendant, unless otherwise provided by statute. A cross-claim or counterclaim shall not69
86	80		require an answer, unless one is required by order of the court, and shall automatically70
87	81		stand denied.71
88	82		(2) Unless the court sets a different time, serving a motion under this Code section alters72
89	83		the time for serving an answer pursuant to paragraph (1) of this subsection as follows:73
90	84		(A) If the court denies the motion or postpones its disposition until trial, the answer74
91	85		shall be served within 15 days after notice of the court's action; or75
92	86		(B) If the court grants a motion for a more definite statement, the answer shall be76
93	87		served within 15 days after the more definite statement is served."77
94	88		"(e) Motion for more definite statement. If a pleading to which a responsive pleading78
95	89		is permitted is so vague or ambiguous that a party cannot reasonably be required to frame79
96	90		a proper responsive pleading, he shall nevertheless answer or respond to the best of his80
97	91		ability, and he such party may move for a more definite statement. The motion shall point81
98	92		out the defects complained of and the details desired. If the motion is granted and the order82
99	93		of the court is not obeyed within 15 days after notice of the order, or within such other time83
100	94		as the court may fix, the court may strike the pleading to which the motion was directed or84
101	95		make such order as it deems just."85
102	96		"(j) Stay of discovery.86
103	97		(1) If a party files a motion to dismiss before or at the time of filing an answer and87
104	98		pursuant to the provisions of this Code section, discovery shall be stayed for 90 days after88
105	99		the filing of such motion or until the ruling of the court on such motion; provided,89
106	100		however, that, if a defendant files an answer before the ruling of the court on such90
107	101		motion, the stay imposed by this subsection shall immediately terminate with respect to91
108	102		such defendant, whichever is sooner. The court shall decide the motion to dismiss within92
109		-	S. B. 68
	103	+	S. B. 68 (SUB)
110	104		- 4 - 25 LC 49 2362S
111	105		the 90 days provided in this paragraph following the conclusion of briefing on such93
112	106		motion.94
113	107		(2) The discovery period and all discovery deadlines shall be extended for a period equal95
114	108		to the duration of the stay imposed by this subsection.96
115	109		(3) If the court has not ruled on the motion to dismiss within 90 days following the97
116	110		conclusion of briefing on such motion, the The court may upon its own motion or upon98
117	111		motion of a party, and for good cause shown, terminate or modify the stay imposed by99
118	112		this subsection but shall not extend such stay; provided, however, that such remedy shall100
119	113		not preclude any other remedy available for the failure to timely rule on such motion,101
120	114		including, but not limited to, a writ of mandamus.102
121	115		(4) If a motion to dismiss raises defenses set forth in paragraph (2), (3), (5), or (7) of103
122	116		subsection (b) of this Code section; or if any party needs discovery in order to identify104
123	117		persons who may be joined or substituted as proper parties; or if any party needs105
124	118		discovery in order to establish the jurisdiction of the court, limited discovery needed to106
125	119		respond to such defenses, to or identify such persons, or to establish such jurisdiction107
126	120		shall be permitted until the court rules on such motion notwithstanding the stay imposed108
127	121		by this subsection.109
128	122		(5) The provisions of this subsection shall not modify or affect the provisions of110
129	123		paragraph (2) of subsection (f) of Code Section 9-11-23 or any other power of the court111
130	124		to stay discovery."112
131	125		SECTION 3.113
132	126		Said title is further amended in Code Section 9-11-41, relating to dismissal of actions and114
133	127		recommencement within six months, by revising subsection (a) as follows:115
134	128		"(a) Voluntary dismissal; effect.:116
135		-	S. B. 68
	129	+	S. B. 68 (SUB)
136	130		- 5 - 25 LC 49 2362S
137		-	(1) By plaintiff; by stipulation. Subject to the provisions of subsection (e) of Code
138		-	117
	131	+	(1) By plaintiff; by stipulation. Subject to the provisions of subsection (e) of Code117
139	132		Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by118
140	133		the plaintiff, without order or permission of court:119
141		-	(A) By filing a written notice of dismissal at any time before the first witness is sworn
142		-	120
	134	+	(A) By filing a written notice of dismissal at any time before the first witness is sworn120
143	135		the sixtieth day following the date the opposing party serves an answer; or121
144	136		(B) By filing a stipulation of dismissal signed by all parties who have appeared in the122
145	137		action.123
146	138		(2) Effect. A dismissal under paragraph (1) of this subsection is without prejudice,124
147	139		except that if the plaintiff previously dismissed any federal or state court action based on125
148	140		or including the same claim, such notice or stipulation operates as an adjudication upon126
149	141		the merits.127
150	142		(2)(3) By order of court. Except as provided in paragraph (1) of this subsection, an128
151	143		action shall not be dismissed upon the plaintiff's motion except upon order of the court129
152	144		and upon the terms and conditions as the court deems proper. If a counterclaim has been130
153	145		pleaded by a defendant prior to the service upon him or her of the plaintiff's motion to131
154	146		dismiss, the action shall not be dismissed against the defendant's objection unless the132
155	147		counterclaim can remain pending for independent adjudication by the court. Unless the133
156	148		court order states otherwise, a dismissal under this paragraph is without prejudice.134
157	149		(3) Effect. A dismissal under this subsection is without prejudice, except that the filing135
158	150		of a second notice of dismissal operates as an adjudication upon the merits."136
159	151		SECTION 4.137
160	152		Said title is further amended in Chapter 15, relating to court and litigation costs, by adding138
161	153		a new Code section to read as follows:139
162	154		"9-15-16.140
163	155		(a) In any civil action, no party shall recover the same attorney's fees, court costs, or141
164	156		expenses of litigation more than once pursuant to one or more statutes authorizing awards142
165		-	S. B. 68
	157	+	S. B. 68 (SUB)
166	158		- 6 - 25 LC 49 2362S
167	159		of attorney's fees, court costs, or expenses of litigation, whether such statute or statutes143
168	160		authorize such awards for compensatory or punitive purposes, unless the statute or statutes144
169	161		specifically authorize the recovery of duplicate attorney's fees, court costs, or expenses of145
170	162		litigation.146
171	163		(b) In any civil action, if a party seeks to recover attorney's fees pursuant to any statute147
172	164		authorizing an award of reasonable attorney's fees, a contingent fee agreement between148
173	165		such party and such party's attorney shall not be admissible as proof of the reasonableness149
174	166		of the fees.150
175	167		(c) Nothing in this Code section shall limit or diminish any contractual right to recover151
176	168		attorney's fees, court costs, or expenses of litigation."152
177	169		SECTION 5.153
178	170		Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended154
179	171		in Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, by revising155
180	172		subsection (d) as follows:156
181	173		"(d)(1) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat157
182	174		of a motor vehicle which has a seat safety belt or belts shall not be considered evidence158
183	175		of negligence or causation, shall not otherwise be considered by the finder of fact on any159
184	176		question of liability of any person, corporation, or insurer, shall not be any basis for160
185	177		cancellation of coverage or increase in insurance rates, and shall not may be considered161
186	178		in any civil action as evidence admissible on the issues of negligence, comparative162
187	179		negligence, causation, assumption of risk, or apportionment of fault or for any other163
188	180		purpose and may be evidence used to diminish any recovery for damages arising out of164
189	181		the ownership, maintenance, occupancy, or operation of a motor vehicle; provided,165
190	182		however, that this paragraph shall not prevent a court from determining the admissibility166
191	183		of such evidence pursuant to Code Section 24-4-403 or any other statutory or common167
192	184		law rule of evidence.168
193		-	S. B. 68
	185	+	S. B. 68 (SUB)
194	186		- 7 - 25 LC 49 2362S
195	187		(2) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of169
196	188		a motor vehicle which has a seat safety belt or belts shall not be any basis for a170
197	189		cancellation of insurance coverage or an increase in insurance rate."171
198	190		SECTION 6.172
199	191		Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended in Chapter 3,173
200	192		relating to liability of owners and occupiers of land, by adding a new article to read as174
201	193		follows:175
202	194		"ARTICLE 5176
203	195		51-3-50.177
204	196		As used in this article, the term:178
205	197		(1) 'Negligent security' means any claim against an owner or occupier, or against a179
206	198		security contractor, that:180
207	199		(A) Sounds in tort or nuisance, including, but not limited to, any claim under Article 1181
208	200		of this chapter;182
209	201		(B) Seeks to recover damages for bodily injury or wrongful death; and183
210	202		(C) Arises from an alleged failure to keep the premises and approaches safe from the184
211	203		wrongful conduct of third persons.185
212	204		(2) 'Owner or occupier' means any person that owns, leases, occupies, operates,186
213	205		maintains, or manages real property of any kind or any director, officer, employee, or187
214	206		agent of such person.188
215	207		(3) 'Particularized warning of imminent wrongful conduct by a third person' means189
216	208		information actually known to an owner or occupier and deemed credible by the owner190
217	209		or occupier, which causes the owner or occupier to consciously understand that a third191
218	210		person is likely to imminently engage in wrongful conduct on the premises that poses a192
219		-	S. B. 68
	211	+	S. B. 68 (SUB)
220	212		- 8 - 25 LC 49 2362S
221	213		clear danger to the safety of persons upon the premises, such information being specific193
222	214		as to the identity of the third person, the nature and character of the wrongful conduct, the194
223	215		degree of dangerousness of the wrongful conduct, and the location, time, and195
224	216		circumstances of the wrongful conduct.196
225	217		(4) 'Premises' means the real property that is owned, leased, occupied, operated,197
226	218		maintained, or managed by an owner or occupier.198
227	219		(5) 'Prior occurrences of substantially similar wrongful conduct' means prior occurrences199
228	220		of wrongful conduct which are sufficiently similar in nature and character, degree of200
229	221		dangerousness, proximity, location, time, and circumstances to the wrongful conduct201
230	222		from which a claim of negligent security arises to lead a reasonable person in the position202
231	223		of the owner or occupier to apprehend that such wrongful conduct is reasonably likely to203
232	224		occur upon the premises, to understand the risk of injury to persons upon the premises204
233	225		presented by such wrongful conduct, and to understand that a specific and known205
234	226		physical condition of the premises has created a risk of such wrongful conduct on the206
235	227		premises that is substantially greater than the general risk of such wrongful conduct in the207
236	228		vicinity of the premises.208
237	229		(6) 'Security contractor' means any person that contracts with an owner or occupier to209
238	230		provide protective or security services upon any premises or any director, officer,210
239	231		employee, or agent of such person.211
240	232		(7) 'Third person' means any person other than an owner or occupier or a security212
241	233		contractor or a person under the direction, control, or supervision of an owner or occupier213
242	234		or security contractor.214
243	235		(8) 'Wrongful conduct' means:215
244	236		(A) Any violation of a law of this state or an ordinance of any political subdivision216
245	237		thereof that is punishable as a felony or misdemeanor, regardless of whether such217
246	238		violation results in an arrest, citation, accusation, indictment, or conviction; or218
247	239		(B) Any other conduct that amounts to an intentional, or willful and wanton, tort.219
248		-	S. B. 68
	240	+	S. B. 68 (SUB)
249	241		- 9 - 25 LC 49 2362S
250	242		51-3-51.220
251	243		Except as provided in Code Section 51-3-54, an owner or occupier shall be liable for221
252	244		negligent security arising from any injury sustained by any person upon the premises of the222
253	245		owner or occupier as an invitee if the plaintiff proves that:223
254	246		(1) The wrongful conduct by a third person that caused the injury sustained by the invitee224
255	247		was reasonably foreseeable because the owner or occupier:225
256	248		(A) Had particularized warning of imminent wrongful conduct by a third person; or226
257	249		(B) Reasonably should have known that a third person was reasonably likely to engage227
258	250		in such wrongful conduct upon the premises, based on:228
259	251		(i) Prior occurrences of substantially similar wrongful conduct upon the premises of229
260	252		which the owner or occupier had actual knowledge;230
261	253		(ii) Prior occurrences of substantially similar wrongful conduct upon the property231
262	254		adjoining the premises, or otherwise occurring within 500 yards of the premises, of232
263	255		which the owner or occupier had actual knowledge; or233
264	256		(iii) Prior occurrences of substantially similar wrongful conduct by the third person234
265	257		whose wrongful conduct caused the injury, if the owner or occupier knew or should235
266	258		have known, by clear and convincing evidence, that such third person was or would236
267	259		be upon the premises and if the owner or occupier had actual knowledge of such prior237
268	260		occurrences of substantially similar wrongful conduct;238
269	261		(2) The injury sustained by the invitee was a reasonably foreseeable consequence of such239
270	262		wrongful conduct by a third person;240
271	263		(3) Such wrongful conduct by a third person was a reasonably foreseeable consequence241
272	264		of such third person exploiting a specific physical condition of the premises known to the242
273	265		owner or occupier, which created a reasonably foreseeable risk of wrongful conduct on243
274	266		the premises that was substantially greater than the general risk of wrongful conduct in244
275	267		the vicinity of the premises;245
276		-	S. B. 68
	268	+	S. B. 68 (SUB)
277	269		- 10 - 25 LC 49 2362S
278	270		(4) The owner or occupier failed to exercise ordinary care to remedy or mitigate such246
279	271		specific and known physical condition of the premises and to otherwise keep the premises247
280	272		safe from such wrongful conduct by a third person; and248
281	273		(5) Such failure of the owner or occupier to exercise ordinary care was a proximate cause249
282	274		of the injury sustained by the invitee.250
283	275		51-3-52.251
284	276		Except as provided in Code Section 51-3-54, an owner or occupier shall be liable for252
285	277		negligent security arising from any injury sustained by any person upon the premises of the253
286	278		owner or occupier as a licensee if the plaintiff proves that:254
287	279		(1) The wrongful conduct by a third person that caused the injury sustained by the255
288	280		licensee was reasonably foreseeable because the owner or occupier had particularized256
289	281		warning of imminent wrongful conduct by a third person;257
290	282		(2) The injury sustained by the licensee was a reasonably foreseeable consequence of258
291	283		such wrongful conduct by a third person;259
292	284		(3) Such wrongful conduct by a third person was a reasonably foreseeable consequence260
293	285		of such third person exploiting a specific physical condition of the premises known to the261
294	286		owner or occupier, which created a reasonably foreseeable risk of wrongful conduct on262
295	287		the premises that was substantially greater than the general risk of wrongful conduct in263
296	288		the vicinity of the premises;264
297	289		(4) The owner or occupier willfully and wantonly failed to exercise any care to remedy265
298	290		or mitigate the specific and known physical condition of the premises and to otherwise266
299	291		keep the premises safe from such wrongful conduct by a third person; and267
300	292		(5) Such failure of the owner or occupier to exercise any care was a proximate cause of268
301	293		the injury sustained by the licensee.269
302		-	S. B. 68
	294	+	S. B. 68 (SUB)
303	295		- 11 - 25 LC 49 2362S
304	296		51-3-53.270
305	297		(a) Except as otherwise provided in subsections (b) and (c) of this Code section, the271
306	298		provisions of this article shall be the sole and exclusive remedy for negligent security272
307	299		against owners or occupiers, and no owner or occupier shall be liable for negligent security273
308	300		except as provided in this article.274
309	301		(b) Nothing in this article shall be construed to limit or otherwise affect any cause of action275
310	302		brought pursuant to Code Section 51-1-56 or any other applicable law or theory of recovery276
311	303		otherwise recognized by law, including, but not limited to, negligence and nuisance, in277
312	304		connection with an alleged violation of Code Section 16-5-46.278
313	305		(c) Nothing in this article shall be construed to limit or otherwise affect any claim or279
314	306		remedy for breach of contract or any other claim, remedy, or cause of action not arising280
315	307		under Article 1 of this chapter.281
316	308		51-3-54.282
317	309		Notwithstanding Code Sections 51-3-51 and 51-3-52, no owner or occupier shall be liable283
318	310		for negligent security:284
319	311		(1) Arising from an injury sustained by a person upon the premises of the owner or285
320	312		occupier as a trespasser;286
321	313		(2) Arising from an injury sustained by a person not upon the premises of the owner or287
322	314		occupier;288
323	315		(3) Arising from the wrongful conduct of a third person, if such wrongful conduct did289
324	316		not occur upon the premises and in a place from which the owner or occupier had the290
325	317		legal right and authority to exclude such third person;291
326	318		(4) Arising from the wrongful conduct of a third person, if such third person was upon292
327	319		the premises as a tenant or as a guest of a tenant, if the owner or occupier had293
328	320		commenced eviction proceedings against such tenant at the time of the wrongful conduct;294
329		-	S. B. 68
	321	+	S. B. 68 (SUB)
330	322		- 12 - 25 LC 49 2362S
331	323		(5) Arising from an injury sustained by a third person upon the premises of the owner295
332	324		or occupier as an invitee or a licensee, if such person:296
333	325		(A) Came upon the premises for the purpose of committing any violation of a law of297
334	326		this state that is punishable as a felony or any violation of Chapter 8 of Title 16 that is298
335	327		punishable as a misdemeanor; or299
336	328		(B) Was engaged at the time of the injury in the commission of any violation of a law300
337	329		of this state that is punishable as a felony or any violation of Chapter 8 of Title 16 that301
338	330		is punishable as a misdemeanor, provided that this subparagraph shall not apply to a302
339	331		victim of a violation of Code Section 16-5-46;303
340	332		(6) Arising from an injury sustained upon premises that is used as a single-family304
341	333		residence; or305
342	334		(7) Based on a particularized warning of imminent wrongful conduct by a third person,306
343	335		if the owner or occupier made any reasonable effort to provide such information to law307
344	336		enforcement personnel, provided that calling 9-1-1 or otherwise making a report about308
345	337		such information to law enforcement personnel shall be deemed a reasonable effort.309
346	338		51-3-55.310
347	339		(a) No owner or occupier shall be required to exercise extraordinary care to keep persons311
348	340		on or around any premises safe from wrongful conduct by a third person, and no owner or312
349	341		occupier shall be required to assume the responsibilities and obligations of government for313
350	342		law enforcement and public safety.314
351	343		(b) In any action for negligent security, in assessing whether an owner or occupier has315
352	344		breached a duty to exercise ordinary care to keep persons on or around any premises safe316
353	345		from wrongful conduct by a third person, the trier of fact shall consider the security317
354	346		measures employed by the owner or occupier at the time of the injury from which the claim318
355	347		of negligent security arises, the need for additional or other security measures, the319
356	348		practicality of additional or other security measures, whether additional or other security320
357		-	S. B. 68
	349	+	S. B. 68 (SUB)
358	350		- 13 - 25 LC 49 2362S
359	351		measures would have prevented the injury, the respective responsibilities of owners or321
360	352		occupiers with respect to the premises and government with respect to law enforcement and322
361	353		public safety, and any other relevant circumstances.323
362	354		51-3-56.324
363	355		In any action for negligent security:325
364	356		(1) If the trier of fact finds that any defendant is liable to the plaintiff, the trier of fact326
365	357		shall make an apportionment of fault under Code Section 51-12-33, and in making such327
366	358		an apportionment, the trier of fact shall reasonably apportion fault to:328
367	359		(A) The owner or occupier;329
368	360		(B) Any third person whose wrongful conduct was a cause of the injury from which330
369	361		the claim of negligent security arises; and331
370	362		(C) Any other persons to whom fault otherwise should be apportioned under Code332
371	363		Section 51-12-33;333
372	364		(2) In connection with an apportionment of fault under Code Section 51-12-33, no party334
373	365		shall offer evidence, or make an argument or other comment in the hearing of any juror335
374	366		or prospective juror, concerning:336
375	367		(A) Any sentence of imprisonment or probation, fine, or other punishment that has337
376	368		been, or could be, imposed in a criminal prosecution of any third person for the338
377	369		wrongful conduct from which the claim of negligent security arises;339
378	370		(B) The financial resources of any party or nonparty; or340
379	371		(C) The effect of an apportionment of fault upon any award of damages to the plaintiff;341
380	372		and342
381	373		(3) If a jury fails as the trier of fact to apportion a reasonable degree of fault to the third343
382	374		person whose wrongful conduct was a cause of the injury from which the claim of344
383	375		negligent security arises, the trial court shall set aside the verdict of the jury and order a345
384	376		retrial of liability and damages. There shall be a rebuttable presumption that an346
385		-	S. B. 68
	377	+	S. B. 68 (SUB)
386	378		- 14 - 25 LC 49 2362S
387	379		apportionment of fault is unreasonable if the total percentage of fault apportioned to all347
388	380		third persons for their wrongful conduct is less than the total percentage of fault348
389	381		apportioned to all owners or occupiers, security contractors, and other persons and349
390	382		entities that did not engage in wrongful conduct.350
391	383		51-3-57.351
392	384		(a) If a security contractor assumes and undertakes a duty to invitees and licensees to keep352
393	385		all or part of a premises of an owner or occupier safe from the wrongful conduct of a third353
394	386		person, the security contractor may be liable for negligent security only in the same354
395	387		manner, to the same extent, and subject to the same limitations and provisions applicable355
396	388		to an owner or occupier contained in this article. In no event shall a security contractor be356
397	389		subject to liability for negligent security to an extent greater than the liability for negligent357
398	390		security of an owner or occupier.358
399	391		(b) No security contractor shall be liable for negligent security except as provided in this359
400	392		Code section.360
401	393		(c) Nothing in this Code section shall limit or otherwise affect any claim or remedy of an361
402	394		owner or occupier for breach of contract."362
403	395		SECTION 7.363
404	396		Said title is further amended in Article 1 of Chapter 12, relating to general provisions relative364
405	397		to damages, by adding a new Code section to read as follows:365
406	398		"51-12-1.1.366
407	399		(a) In any civil action to recover damages resulting from injury or death to a person,367
408	400		special damages for medical and healthcare expenses shall be recoverable only as provided368
409	401		in this Code section.369
410		-	S. B. 68
	402	+	S. B. 68 (SUB)
411	403		- 15 - 25 LC 49 2362S
412	404		(b) Special damages for medical and healthcare expenses shall be limited to the reasonable370
413	405		value of medically necessary care, treatment, or services, and the amount of such special371
414	406		damages shall be determined by the trier of fact.372
415	407		(c) If the plaintiff in any such civil action has any form of public or private health373
416	408		insurance, including benefits under a governmental workers' compensation program,374
417	409		evidence relevant to the determination of the reasonable value of medically necessary care,375
418	410		treatment, or services pursuant to subsection (b) of this Code section shall include both the376
419	411		amounts charged for past, present, or future medical and healthcare expenses and the377
420	412		amounts actually necessary to satisfy such charges pursuant to the insurance contract or the378
421	413		applicable governmental workers' compensation program, regardless of whether the health379
422	414		insurance has been used, is used, or will be used to satisfy such charges.380
423	415		(d) In any claim for medical and healthcare expenses rendered under a letter of protection381
424	416		or any other arrangement by which a healthcare provider renders treatment in exchange for382
425	417		a promise of payment for the plaintiff's medical and healthcare expenses from any383
426	418		judgment or settlement of a civil action to recover damages resulting from injury or death384
427	419		to a person, regardless of how such arrangement is referred to, the following shall be385
428	420		relevant and discoverable:386
429	421		(1) A copy of the letter of protection;387
430	422		(2) All charges for the plaintiff's medical and healthcare expenses, which shall be388
431	423		itemized and, to the extent applicable, coded according to generally accepted medical389
432	424		billing practices;390
433	425		(3) If the healthcare provider sells the accounts receivable for the plaintiff's medical and391
434	426		healthcare expenses to a third party at less than the invoice price:392
435	427		(A) The name of the third party; and393
436	428		(B) The dollar amount for which the third party purchased such accounts receivable;394
437	429		and395
438		-	S. B. 68
	430	+	S. B. 68 (SUB)
439	431		- 16 - 25 LC 49 2362S
440	432		(4) Whether the claimant was referred for treatment under a letter of protection or other396
441	433		similar arrangement and, if so, the identity of the person who made the referral.397
442	434		(e) It is the intent of the General Assembly that this Code section abrogates the common398
443	435		law collateral source rule to the extent necessary to introduce the evidence described in this399
444	436		Code section; provided, however, that nothing in this Code section shall be construed or400
445	437		applied to prevent the court from issuing appropriate jury instructions to clarify the role of401
446	438		collateral source payments and to prevent potential jury confusion regarding the effect of402
447	439		collateral source payments on the plaintiff's recovery.403
448	440		(f) Nothing in this Code section shall be construed or applied to limit the right of a plaintiff404
449	441		or defendant to present evidence or testimony, or both, challenging the reasonableness of405
450	442		medical and healthcare expenses, whether incurred or projected future expenses, or the406
451	443		medical necessity of any treatment." 407
452	444		SECTION 8.408
453	445		Said title is further amended in said article by adding a new Code section to read as follows:409
454	446		"51-12-15.410
455	447		(a) In any action to recover damages for bodily injury or wrongful death, any party may411
456	448		elect, by written demand prior to the entry of the pretrial order, to have fault and any award412
457	449		of damages determined at trial in the following manner:413
458	450		(1) In the first phase of the trial, the trier of fact shall determine the fault of each414
459	451		defendant, and if the trier of fact finds that any defendant is at fault for the plaintiff's415
460	452		injuries or wrongful death, the trier of fact shall further determine through an appropriate416
461	453		form of the verdict the percentages of fault of all persons or entities that contributed to417
462	454		such injuries or wrongful death as provided in Code Section 51-12-33, prior to any418
463	455		determination of the total amount of damages to be awarded, if any such findings are419
464	456		required. The evidence and arguments of counsel in the first phase of the trial shall be420
465	457		limited to the issues provided for in this paragraph;421
466		-	S. B. 68
	458	+	S. B. 68 (SUB)
467	459		- 17 - 25 LC 49 2362S
468	460		(2) If the trier of fact finds in the first phase of the trial that any defendant is at fault for422
469	461		the plaintiff's injuries or wrongful death, the trial shall be recommenced immediately with423
470	462		the same judge and the same jury. In the second phase of the trial, the trier of fact shall424
471	463		determine all compensatory damages to be awarded to the plaintiff, if any, and the425
472	464		evidence and arguments of counsel shall be limited to this issue; and426
473	465		(3) If the trier of fact finds in the second phase of the trial that any compensatory427
474	466		damages are to be awarded to the plaintiff, the trial may be recommenced immediately428
475	467		with the same judge and the same jury for such further proceedings as may be required,429
476	468		including, but not limited to, proceedings provided for in subsection (d) of Code Section430
477	469		51-12-5.1 concerning punitive damages and proceedings to determine liability for, and431
478	470		the amount of, any attorney's fees, court costs, or expenses of litigation that may be432
479	471		awarded by the trier of fact as provided by law.433
480	472		(b) The court may reject an election by any party made pursuant to subsection (a) of this434
481	473		Code section and order the concurrent trial of fault and damages only upon motion by any435
482	474		party in opposition to such election and upon the court's determination that:436
483	475		(1) The plaintiff, or if the plaintiff is the legal guardian of a minor, the minor, was437
484	476		injured by an alleged sexual offense and would be likely to suffer serious psychological438
485	477		or emotional distress as a result of testifying more than once in a bifurcated proceeding;439
486	478		or440
487	479		(2) The amount in controversy is less than $150,000.00."441
488	480		SECTION 9.442
489	481		(a) This Act shall become effective upon its approval by the Governor or upon its becoming443
490	482		law without such approval.444
491	483		(b) Sections 6 and 7 of this Act shall apply only with respect to causes of action arising on445
492	484		or after the effective date of this Act, and any prior causes of action shall be governed by446
493	485		prior law. It is the intention of the General Assembly that all other provisions of this Act447
494		-	S. B. 68
	486	+	S. B. 68 (SUB)
495	487		- 18 - 25 LC 49 2362S
496		-	shall apply to causes of action pending on the effective date of this Act, unless such
497		-	448
	488	+	shall apply to causes of action pending on the effective date of this Act, unless such448
498	489		application would be unconstitutional.449
499	490		SECTION 10.450
500	491		All laws and parts of laws in conflict with this Act are repealed.451
501		-	S. B. 68
	492	+	S. B. 68 (SUB)
502	493		- 19 -