In “Substitute Victims”, Maytal Gilboa, an Associate Professor at Western University’s Faculty of Law, argues that traditional tort law, by tying damages to a victim’s economic status, can create incentives for wrongdoers to target poorer individuals because harming them is “cheaper.”

Examining the problem in the context of negligence, nuisance, and product liability, the paper critiques this corrective justice model and proposes shifting toward gain-based remedies that focus on stripping the tortfeasor’s unjust enrichment rather than merely compensating harm. It argues that this approach reduces inequitable risk allocation and better aligns tort law with the principles of fairness.

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This work is also available online at: Boston College Law Review – Substitute Victims