Please share this article and take action! We have been battling the tort reform movement since the 1980s. The purpose of this movement is to restrict the ability of survivors of violent crime to file lawsuits and seek justice through the civil legal system. Here, Deitch & Rogers LLC partner and founder, Gilbert Deitch, provides insight on Senate Bill 68 (SB 68), along with some immediate steps to take if you are willing to join the fight.
Hi Gil, please introduce yourself, specify the number of years you have represented survivors, and explain how the current version of Senate Bill 68 would affect your clients if it is signed into law.
Hi, I am Gilbert Deitch. I have been representing crime survivors for 40 years, and I have been advocating against tort reform for almost that long, even before the concept was formally acknowledged. Senate Bill 68 would hurt the survivors we serve every day by creating legal barriers reducing a crime victim’s ability to bring a case, try a case, and win a case.
Laws are made to protect people. If SB 68 hurts the people, whom does SB 68 protect?
The first wave of tort reform focused on medical malpractice and defective product claims. Many states passed reforms to limit pain and suffering damages and punitive damages and were intended to reduce (so called) frivolous lawsuits and limit an injured person’s ability to receive comprehensive compensation. If SB 68 becomes law in Georgia, most crime victims will be prevented from having the opportunity to obtain restorative justice through our civil jury system. SB 68 aims to reduce the scope of claims brought in court on behalf of crime victims and survivors and reduces juries’ ability to hold large businesses responsible for allowing crime to flourish on their premises. The civil jury system is the very cornerstone of fairness and equality in our society.
Based on your decades of experience, what will happen if SB 68 becomes the law in Georgia?
If SB 68 becomes the law in Georgia, our civil process will change by decreasing crime survivors’ chances of recovering much needed compensation through the civil justice system. The proposed law would make it almost impossible to hold dangerous property or business owners responsible for failing to keep their customers safe.
Senate Bill 68 would also change civil litigation procedures by delaying discovery, limiting damages, and complicating how liability is determined through jury trial in Georgia.
Give us some examples of the types of cases you’ve handled over the years that would be different for survivors under the new restrictions in SB 68.
If SB 68 had always been the law of Georgia, every survivor I have represented, going back to the 1990s with the Olympics Park bombing cases, through numerous cases involving victims and survivors of shootings, sexual assaults, kidnapping, and other crimes that happened as a result of businesses that knew of danger and failed to keep their premises safe would have little or no recourse against the owners and operators. More recently, notable trials included the beating of a young highschooler at Six Flags and attempted rape of a woman leaving her apartment fitness center. SB 68 has been written to keep those cases, and others like them, from going to a jury of our peers.
What is Deitch & Rogers’ response to SB 68?
Deitch & Rogers stands with all crime victims and their families against SB 68, and we will continue to stand up for their rights. We will continue to do everything in our power to hold businesses accountable for their negligence and failure to protect innocent victims and their families.
To help stand against SB 68, please:
- Click the link to the Georgia Rights Alliance website and sign the petition. https://georgiarightsalliance.org/, then click on the “Take Action” tab.
- Contact your state senator and state representative and tell them “Please vote NO on SB68. This tort reform bill protects wrongdoers and will hurt me and my family.” https://www.legis.ga.gov/find-my-legislator
- Please share this message and the petition link with your network to amplify our voices.
As dedicated crime victim attorneys, we thank you for your time and support.
Note: For more detailed information on SB 68, you can refer to Georgia General Assembly @ https://www.legis.ga.gov/legislation/69756. You can also access the Meeting archives & Meeting Minutes, committee members, and assigned legislation at https://www.legis.ga.gov/committees/senate/80.