Tort law and the role of courts in advancing disability awareness: a critical analysis

This chapter examines how tort law, particularly personal injury litigation, shapes public understandings of disability. It critiques the dominant medicalized and individualistic approaches in tort doctrine, highlighting their failure to account for social and structural contributors to disablement. It argues that tort law serves as a critical yet overlooked site for advancing disability awareness. Through empirical analysis of Israeli court decisions, the chapter reveals the slow integration of disability rights discourse into tort rulings. The chapter also calls for a shift toward a social-interactive model of disability that emphasizes systemic barriers, inclusion, and rights-based remedies. By transforming its language, assumptions, and compensatory frameworks, tort law can play a vital role in challenging stereotypes, promoting social change, and fostering a more inclusive legal system.