Tort Reform: What Property Owners and Businesses Need to Know About Georgia’s New Law

Georgia’s legal landscape changed in a significant way with the passage of Senate Bill 68 (SB68), a sweeping tort reform measure designed to restore balance and fairness in negligent security cases. For property owners, landlords, and businesses across the state, this law brings much-needed clarity to when liability applies and when it does not.

At Roland Abbott and DeZoort Insurance, we believe understanding these changes is essential, not just for legal compliance, but for making informed risk-management and insurance decisions.

Why SB68 Was Necessary

For years, Georgia stood out nationally for excessive jury verdicts, particularly in negligent security lawsuits. In many cases, property owners were held financially responsible for random, third-party criminal acts, even when they had no prior warning or realistic ability to prevent the crime.

These outcomes didn’t just impact courtrooms, they drove up insurance premiums, increased operating costs for businesses, and ultimately raised prices for consumers. This law was introduced to correct this imbalance while still protecting the rights of legitimate victims.

What the Law Changes

SB68 establishes a clearer and more predictable standard for negligent security claims.

Under the new law, a property owner can only be held liable if there is evidence of:

• Actual knowledge of prior, substantially similar criminal activity, or

• A specific warning of imminent criminal conduct that was ignored.

Importantly, the law eliminates “constructive knowledge” claims, meaning owners are no longer liable simply because crime exists somewhere in the surrounding area. General neighborhood crime is no longer enough to establish fault.

Liability Is Returned to the Criminal Actor

One of the most impactful provisions of SB68 is how it handles fault. Juries must now assign responsibility to the person who actually committed the crime, and that share of fault cannot be shifted onto a property owner.

This change reinforces a commonsense principle: business owners are not law enforcement and should not be expected to prevent unforeseeable criminal acts beyond their control.

What SB68 Does Not Do

It’s important to be clear, SB68 does not eliminate negligent security claims altogether.

Property owners may still face liability when they:

• Ignore known security risks

• Fail to address documented, recurring criminal activity

• Allow hazardous conditions to persist without mitigation

The law protects responsible owners, not negligent ones.

Why This Matters for Insurance and Risk Management

Excessive verdicts and unclear liability standards have long distorted insurance pricing in Georgia. By bringing clarity to negligent security claims, SB68 allows insurers to:

• More accurately assess risk

• Price coverage fairly

• Reduce pressure from unpredictable, high-dollar verdicts

Over time, this creates a more stable insurance market, benefiting businesses, property owners, and consumers alike.

How Roland Abbott and DeZoort Insurance Can Help

Legal reforms change the rules, but they don’t eliminate risk. The best protection remains a thoughtful combination of:

• Proper coverage

• Smart security practices

• Proactive risk management

At Roland Abbott and DeZoort Insurance, we work with clients to understand how changes like SB68 affect their exposure and to ensure their policies align with today’s legal environment.

If you own or manage property in Georgia and have questions about liability, coverage, or risk mitigation under the new law, our team is here to help you navigate it with confidence.