Who really is being protected by Georgia Governor Brian Kemp

 The proposed “tort reform” legislation in Georgia is being sold as a way to prevent frivolous lawsuits and reduce business costs. However, a closer look reveals that it will do far more harm than good—particularly for survivors of sex trafficking. Instead of shielding businesses from excessive litigation, this bill will protect those who profit from human suffering and exploitation.

This legislation will hurt sex trafficking survivors in Georgia and encourage bad actors. Not all businesses are unfortunate victims of random acts of violence. Some businesses know crime pays. Tort reform will ensure it pays more. 

Since 2019, civil lawsuits have been a crucial tool in holding hotels, motels, and apartment complexes accountable for their complicity in human trafficking. Many survivors, violently sold for sex as teenagers, were trafficked in the same few dozen locations around metro Atlanta. Through litigation, attorneys have exposed how some of these businesses knowingly allowed and even profited from trafficking on their premises. Civil suits have led to the closure of five of the worst hotels involved in these crimes, proving that legal accountability can drive meaningful change where government enforcement fails.

If this tort reform bill passes, it will strip trafficking survivors of one of the last remaining avenues for justice. Georgia already has some of the weakest civil protections for survivors—there is no rape shield law for civil cases, and the state’s civil sex trafficking statute only became effective in 2021, meaning anyone trafficked before then has no claim under state law. This bill would make things even worse, ensuring that businesses turning a blind eye to trafficking can escape liability.

Consider the types of businesses that will benefit from this bill. Hotels where teenagers were forced to stand outside, waiting to be chosen by predators, will face fewer consequences. Motels where employees knowingly took bribes to allow trafficking will be protected. Apartment complexes owned by absentee landlords who allow crime to flourish will see their liability reduced. These businesses are not innocent bystanders—they are complicit in the exploitation of the most vulnerable members of our society.

Supporters of tort reform argue that high insurance settlements are unfair to businesses. They compare them to “winning the lottery.” But after spending their childhoods being raped by adults for money, while other adults and businesses profited and looked the other way, not one survivor sees a settlement as a prize. Meanwhile, corporations like Liberty Mutual reported $3.4 billion in profits in just the first nine months of 2024. Who is really winning here?

Beyond sex trafficking cases, the Haug Barron Law Group www.hblg.law represents children who have been harmed in unregulated daycares. Many of these businesses operate unlawfully, cutting corners on safety and oversight at the expense of innocent children. If tort reform passes, it will make it even harder to hold these negligent businesses accountable. Does Governor Kemp really want to shield those who put children at risk?

Governor Brian Kemp and the Georgia legislature should be focusing on preventing children from being sold for sex in the first place, not protecting the businesses that enable it. Weakening liability laws will not make Georgia safer—it will make it a haven for those who profit from exploitation. Some of these businesses probably should not be able to afford insurance if they are unable to operate for the good of the community. If you care about the safety of our communities, contact your representatives and tell them to vote no on tort reform. The lives and dignity of survivors depend on it.