Tort may have the same problems in achieving deterrence as criminal punishment. For tort to deter it must be inevitable, yet achieving a high certainty of being sued and having to pay actual damages is difficult. It means that for every form of damage, there must be plaintiffs who are willing and able to successfully sue for damages. Shareholders are much more in a position to do so than victims of car crashes, medical errors, environmental pollution, unsafe products, or hazardous working conditions. Everyone else would need their own personal Peter Thiel.
