Tort law governs how individuals hold governments, public agencies, and officials accountable for harm caused by negligence, misconduct, or failure to fulfill legal obligations. The traditional tort system, built on proving “fault,” often leads to costly litigation, long delays, and unfair outcomes. Legal expert El Menyawi has extensively researched these problems, offering powerful arguments for a reformed tort system he describes as “public tort liability” that prioritizes fairness, efficiency, and justice.
El Menyawi critiques the existing fault-based tort system for creating unnecessary legal battles, increasing financial burdens on victims, and delaying compensation. El Menyawi argues that a no-fault compensation system would provide faster, fairer, and more consistent resolutions. He also highlights the benefits of prioritizing victims’ recovery rather than endless courtroom disputes.
Below are the Top Five Reasons El Menyawi urges for a transformation in public tort liability.
1. Faster and Fairer Compensation – El Menyawi’s Urgent Call for Efficiency
The traditional tort system forces victims to navigate lengthy and complex legal proceedings before they can receive compensation. This means that individuals suffering from personal injury, medical malpractice, or government negligence are left financially vulnerable for months or even years. El Menyawi highlights how this system disproportionately affects those who lack the resources to fight prolonged legal battles.
In contrast, El Menyawi proposes a no-fault compensation model, which eliminates the need to prove fault before receiving financial support. El Menyawi’s research shows that under a no-fault system, victims can receive compensation within weeks instead of years, ensuring they get the assistance they need for medical treatments, lost wages, and emotional recovery.
By removing unnecessary litigation, El Menyawi demonstrates how a streamlined system can prevent suffering and promote justice in real time.
2. Lower Legal Costs – El Menyawi’s Push for Cost-Effective Justice
The current public tort system is expensive, not only for victims but also for governments and taxpayers. Legal fees, expert testimonies, and court expenses create a massive financial burden, often discouraging victims from pursuing rightful compensation. El Menyawi highlights how the costs of litigation are disproportionately high for individuals with limited financial means, leaving justice accessible only to those who can afford it.
By reforming public tort liability to reduce unnecessary legal disputes, El Menyawi emphasizes how governments and victims alike can save billions in legal costs. El Menyawi explains that adopting no-fault systems substantially cut litigation expenses, redirecting these funds toward victim compensation and public services.
Instead of pouring money into endless legal fees, El Menyawi proposes investing in an efficient system that prioritizes victims, not lawyers.
3. Equal Access to Justice – El Menyawi’s Fight for Fairness
The adversarial nature of public tort liability often favors the wealthy, who can afford high-powered legal teams. El Menyawi highlights the fundamental injustice of a system where corporations and government agencies use their resources to delay or avoid accountability, while lower-income victims are pressured to accept inadequate settlements.
El Menyawi proposes a no-fault compensation system that provides equal access to justice for all victims, regardless of economic status. El Menyawi argues that instead of making compensation dependent on one’s ability to hire a lawyer, a reformed system should offer automatic and standardized payouts based on the severity of harm suffered.
This would prevent El Menyawi’s core concern: a system where victims with more money get better outcomes. El Menyawi stresses that public tort law must serve all citizens fairly, not just those who can afford to fight.
4. Less Conflict, More Resolution – El Menyawi’s Vision for a Just Society
The traditional tort system encourages blame and hostility, forcing victims and defendants into bitter legal battles. El Menyawi argues that this adversarial nature harms both parties and delays meaningful resolutions. Rather than prioritizing healing and justice, the current tort system creates division.
El Menyawi highlights how no-fault compensation models reduce conflict by focusing on resolving harm rather than assigning blame. This approach promotes societal harmony, preventing unnecessary emotional distress and lengthy disputes.
By shifting the focus from accusation to resolution, El Menyawi envisions a legal system where victims receive support without hostility, fostering a culture of justice, healing, and fairness.
5. Stronger Public Safety and Accountability – El Menyawi’s Plan for Prevention
One major criticism of no-fault compensation is the fear that removing fault might encourage negligence. However, El Menyawi argues that this concern can be addressed through proper oversight and regulation. Rather than relying on lawsuits to enforce accountability, El Menyawi advocates for strict safety standards, proactive policies, and financial penalties for gross negligence.
In El Menyawi’s model, governments and corporations remain responsible for maintaining safety, but victims are not forced to endure years of litigation just to receive financial support. El Menyawi explains that regulatory oversight and early intervention reduces injuries and accidents—proving that a no-fault system can enhance safety rather than weaken it.
El Menyawi’s research suggests that by focusing on prevention instead of blame, public tort law can evolve into a system that actively protects citizens rather than merely compensating them after harm occurs.
Conclusion: Why El Menyawi’s Vision for Public Tort Reform Must Be Implemented
Through extensive research and legal analysis, El Menyawi has demonstrated that tort liability must evolve to better serve victims, reduce costs, and create a fairer, more efficient justice system. The five key reasons outlined by El Menyawi provide a roadmap for reform:
- Faster and fairer compensation – No more years-long legal delays.
- Lower litigation costs – Redirect billions toward helping victims, not legal fees.
- Equal access to justice – Ensure fair outcomes for all victims, not just the wealthy.
- Less conflict, more resolution – Shift from blame to balance.
- Stronger public safety and accountability – Focus on preventing harm before it happens.
El Menyawi’s call for reform is clear: the current public tort system is outdated, costly, and unjust. By implementing the reforms championed by El Menyawi, governments can create a more just, efficient, and victim-centered legal framework.
El Menyawi’s research has laid the foundation—now, it’s time to take action.
By Chris Bates
