jbow
Full Member
First let me apologize for posting it here but it is important and time sensitive and this forum seems to get the most hits... maybe you can leave it here for a few days... ??
There is a new bill just introduced to protect landowners from being sued by hunters. Maybe we can get ourselves included in this bill if we ask and try not to sound like CW relic hunters.
I have asked for them to consider including detectorists in this bill. I did not mention CW relics but farm implements, buttons, coins, and other pieces of history. I mentioned that we are now required to have written permission due to a badly written bill that was intended to protect native American sites and that many landowners balk at giving written permission because they fear liability. Maybe we can get some relief here. Stay away from mentioning CW relics.
Julien
Message:
Governor Perdue Introduces Tort Reform Legislation to Improve Business Environment and Protect Landowners
ATLANTA - Governor Sonny Perdue announced today that Sen. Bill Cowsert has introduced SB 101 and SB 108, to improve Georgia's business environment. Sen. Bill Heath introduced SB X the Landowner's Protection Act.
"This legislation will make plain that the threat of meritless litigation is not a viable business strategy in Georgia," said Governor Sonny Perdue.
SB 101 will protect manufacturers and sellers of medical devises and drugs with a significant presence in Georgia from lawsuits if their product received approval from the federal Food and Drug Administration. The legislation covers design defects, which undergo a strenuous FDA approval process, but it does not cover defects that occur in the manufacturing process.
"We will cement our position as a leader in the biotech industry by enacting laws that respect the role of the federal Food and Drug Administration as the regulator of the safety of drugs and medical devices," Governor Perdue said.
This summer, Georgia will host more than 15,000 energy innovators at the biggest bio-life science conference in the world - BIO 2009.
"At the same time the world's bio companies focus on our state, this legislation will show that Georgia welcomes the bio-tech industry and the high-paying jobs the industry brings," said Sen. Bill Cowsert. "It is an outstanding economic development tool."
SB 108 will provide relief to individuals and companies wrongly sued. Current law provides little deterrent for unfounded lawsuits and often makes it cheaper to settle even if a company is wrongly sued. Under SB 108, if a claim is dismissed at the earliest possible stage, the litigant bringing the claim will be responsible for the prevailing party's attorneys' fees. And if the attorney fails to notify the client of this provision, that attorney could pay the award. Last, the bill will make sure that the costly discovery process will not begin until the legal merits of a complaint have been tested.
"SB 108 will free up our courts to pursue justice in cases with merit, protect our existing businesses that provide jobs for Georgians and attract new investment," the Governor said.
"This legislation will allow the judiciary to sweep out unfounded lawsuits so that cases with merit can receive the court's full attention and justice can be pursued," said Senator Cowsert.
The Landowner's Protection Act will protect landowners who allow hunters to hunt on their property from being sued for accidents arising during a hunt except those due to gross negligence on the part of the landowner. Likewise, visitors to an agri-tourism attraction (e.g. visiting a farm to pick peaches) would not be able to win lawsuits filed against the landowner for injuries during such a visit except in cases of gross negligence.
"Georgia is a premier agri-tourism destination," said Governor Sonny Perdue. "This legislation will make sure the threat of litigation does not prevent landowners from welcoming guests onto their property."
"We want to encourage landowners to open their hunting property and farms to visitors to enjoy Georgia's natural beauty as an agricultural and sportsman's paradise," said Senator Bill Heath. "The Georgia General Assembly is working to protect landowners and, again, stand up for the rights of private property owners."
There is a new bill just introduced to protect landowners from being sued by hunters. Maybe we can get ourselves included in this bill if we ask and try not to sound like CW relic hunters.
I have asked for them to consider including detectorists in this bill. I did not mention CW relics but farm implements, buttons, coins, and other pieces of history. I mentioned that we are now required to have written permission due to a badly written bill that was intended to protect native American sites and that many landowners balk at giving written permission because they fear liability. Maybe we can get some relief here. Stay away from mentioning CW relics.
Julien
Message:
Governor Perdue Introduces Tort Reform Legislation to Improve Business Environment and Protect Landowners
ATLANTA - Governor Sonny Perdue announced today that Sen. Bill Cowsert has introduced SB 101 and SB 108, to improve Georgia's business environment. Sen. Bill Heath introduced SB X the Landowner's Protection Act.
"This legislation will make plain that the threat of meritless litigation is not a viable business strategy in Georgia," said Governor Sonny Perdue.
SB 101 will protect manufacturers and sellers of medical devises and drugs with a significant presence in Georgia from lawsuits if their product received approval from the federal Food and Drug Administration. The legislation covers design defects, which undergo a strenuous FDA approval process, but it does not cover defects that occur in the manufacturing process.
"We will cement our position as a leader in the biotech industry by enacting laws that respect the role of the federal Food and Drug Administration as the regulator of the safety of drugs and medical devices," Governor Perdue said.
This summer, Georgia will host more than 15,000 energy innovators at the biggest bio-life science conference in the world - BIO 2009.
"At the same time the world's bio companies focus on our state, this legislation will show that Georgia welcomes the bio-tech industry and the high-paying jobs the industry brings," said Sen. Bill Cowsert. "It is an outstanding economic development tool."
SB 108 will provide relief to individuals and companies wrongly sued. Current law provides little deterrent for unfounded lawsuits and often makes it cheaper to settle even if a company is wrongly sued. Under SB 108, if a claim is dismissed at the earliest possible stage, the litigant bringing the claim will be responsible for the prevailing party's attorneys' fees. And if the attorney fails to notify the client of this provision, that attorney could pay the award. Last, the bill will make sure that the costly discovery process will not begin until the legal merits of a complaint have been tested.
"SB 108 will free up our courts to pursue justice in cases with merit, protect our existing businesses that provide jobs for Georgians and attract new investment," the Governor said.
"This legislation will allow the judiciary to sweep out unfounded lawsuits so that cases with merit can receive the court's full attention and justice can be pursued," said Senator Cowsert.
The Landowner's Protection Act will protect landowners who allow hunters to hunt on their property from being sued for accidents arising during a hunt except those due to gross negligence on the part of the landowner. Likewise, visitors to an agri-tourism attraction (e.g. visiting a farm to pick peaches) would not be able to win lawsuits filed against the landowner for injuries during such a visit except in cases of gross negligence.
"Georgia is a premier agri-tourism destination," said Governor Sonny Perdue. "This legislation will make sure the threat of litigation does not prevent landowners from welcoming guests onto their property."
"We want to encourage landowners to open their hunting property and farms to visitors to enjoy Georgia's natural beauty as an agricultural and sportsman's paradise," said Senator Bill Heath. "The Georgia General Assembly is working to protect landowners and, again, stand up for the rights of private property owners."
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