Tort Reform: A Critical Analysis of its Implications on Access to Justice

Tort law stands as a cornerstone of civil jurisprudence, significant for administering justice to individuals who have endured injury due to the negligent actions of others. It operates on the fundamental principle encapsulated by the maxim, ‘Ubi Jus Ibi Remedium ’, signifying that where there exists a right, there must be a corresponding remedy. Each individual possesses inherent rights, accompanied by the responsibility to uphold the rights of others and refrain from their violation. This obligation termed the duty of care, forms the bedrock of tort law, with breaches thereof constituting tortious acts. This paper delves into the intricacies of tort law, outlining its various types and tracing their evolution through landmark cases such as Donoghue v. Stevenson and Rylands v. Fletcher. Despite significant strides, the system remains plagued by inefficiencies, prompting a call for reform initiatives. Thus, the paper advances practical suggestions aimed at refining the tort law framework, fostering a more equitable and efficient legal landscape.