של מי האובדן הזה? צדק ומוגבלות בדיני הנזיקין

Abu Hanna is a path breaking decision and it is rightfully considered as a leading authority on the doctrine of loss of earning capacity. However, it also suffers from three blind spots. First, if fails to extend its holding to the case of the disabled plaintiff;second, it fails to extend its holding to adult plaintiffs whose earning capacity is likewise affected by structural bias and discrimination in the labor market; and third, it fails to appreciate the gap between the legal framework of its decision – a regime of absolute liability for road accidents – and the legal theory on which it draws to derive its outcome – efficiency and corrective justice. I employ the theory of relational justice to both identify these blind spots and overcome their undesirable consequences.