Products liability law
Professor of KAGAYAMA Shigeru
Meiji Gakuin UniversityProducerDealer

Tort lawSeller?

ContractlawConsumer
KAGAYAMA Shgeru, 2016

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Products liability of Japan
Art. 1 Purpose Art. 2 Definition
Product, defect, manufacturer

Art. 3 Liability of manufacturer Art. 4 Exemption
 Art. 5 Limitation of time Art. 6 Application of Civil CodeKAGAYAMA Shgeru, 20162

PurposeArticle 1 (Purpose)
The purpose of this Law is to relieve theinjured person by setting forth liabilityof the manufacturer, etc. for damages
when the injury on a life, a body orproperty is caused by a defect in theproduct, and thereby to contribute to
the stabilization and improvement of
the people's life and to the sounddevelopment of the national economy.
KAGAYAMA Shgeru, 20163

Definition of product

Article 2 (Definitions)(1) As used in this Law, the term
"product" means movable property
manufactured or processed.

KAGAYAMA Shgeru, 2016

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Definition of defect

Article 2 (Definitions)(2) As used in this Law, the term "defect"means lack of safety that the productordinarily should provide, taking intoaccountthe nature of the product, the ordinary foreseenable manner of use of theproduct, the time when the manufacturer, etc. delivered
the product, and other circumstances concerning
product.
KAGAYAMA Shgeru, 20165

Definition of manufacturer
Article 2 (Definitions) (3) As used in this Law, the term "manufacturer, etc." means
any one of the following:

1. any person who manufactured, processed or imported theproduct as business (hereinafter called just "manufacturer" ); 2. any person who, by putting his name, trade name, trade markor other feature (hereinafter called "representation of name,etc." ) on the product presents himself as its manufacturer, or any
person who puts the representation of name, etc. on the productin a manner mistakable for the manufacturer;
 3. apart from any person mentioned in the preceding subsections,any person who, by putting the representation of name, etc. on
the product, may be recognized as its manufacturer-in-fact, in thelight of a manner concerning manufacturing, processing,importation or sales, and other circumstances.
KAGAYAMA Shgeru, 2016

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Products liability
Article 3 (Product Liability)
The manufacturer, etc. shall be liable for damages caused by theinjury, when he injured someone's life, body or property by thedefect in his delivered product which he manufactured, processed,
imported or put the representation of name, etc. as described insubsection 2 or 3 of section 3 of Article 2 on. However, themanufacturer, etc. is not liable when only the defective product itself
is damaged.

Defect ●Goods

Economicloss

Physicalloss

Personal
injuryMental Lawyer’sdamages
fee

Product Liability law
Contract law

Tort law

KAGAYAMA Shgeru, 20167

Exemptions
Article 4 (Exemptions)In cases where Article 3 applies, the manufacturer,etc. shall not be liable as a result of Article 3 if heproves;

1. that the state of scientific or technical knowledge at thetime when the manufacturer, etc. delivered the product was
not such as to enable the existence of the defect in theproduct to be discovered; or 2. in the case where the product is used as a component or
raw material of another product, that the defect issubstantially attributable to compliance with the instruction
concerning the specifications given by the manufacturer ofthe said another product, and that the manufacturer, etc. is
not negligent on occurrence of the defect.
KAGAYAMA Shgeru, 20168

Prescription
Article 5 (Time Limitations)(1) The right for damages provided in Article 3 shall be
extinguished by prescription if the injured person or his legal
representative does not exercise such right within 3 years
from the time when he becomes aware of the damage and theliable party for the damage. The same shall also apply upon
the expiry of a period of 10 years from the time when themanufacturer, etc. delivered the product.
(2) The period in the latter sentence of section 1 of this Article
shall be calculated from the time when the damage arises,
where such damage is caused by the substances which areharmful to human health when they remain of accumulate in
the body, or where symptoms for such damage appear after acertain latent period.
KAGAYAMA Shgeru, 20169

Application of Civil Code

Article 6 (Application of CivilCode)In so far as this law does notprovide otherwise, the liability of themanufacturer, etc. for damages
caused by a defect in the productshall be subject to the provisions of
the Civil Code (Law No. 89, 1896).
KAGAYAMA Shgeru, 201610