Traffic Accident / Personal Injury Team

Personal Injury Laws

A. General Laws

1. Article 709 of Japanese Civil Law (Damages in Torts)

According to Article 709, a person who has intentionally or negligently infringed any right of others, or the legally protected interest of others, shall be liable to compensate for any damages/losses resulting from such infringement.

As it relates to the issue of Personal Injury in Japan, under the Article 709 of Japanese Civil Code, a victim of torts, including accidents, can demand damages from the assailant who has intentionally or negligently infringed any right of the victim, or the legally protected interest of the victim.

2. Article 715 of Japanese Civil Law (Liability of Employers)

(1) A person who employs others for a certain business shall be liable for damages inflicted on a third party by his/her employees with respect to the execution of that business, provided however that this shall not apply if the employer exercised reasonable care in appointing the employee or in supervising the business, or if the damages could not have been avoided even if he/she had exercised reasonable care.

If an employee causes damages to someone while on duty, then under the Article 715 of Japanese Civil Code, the victim can claim for compensation not only against the employee but also his/her employer.

3. Application of Personal Injury Law

Japanese laws pertaining to tort are generally applicable to all accidents that occur in Japan. Therefore such laws as; Article 709 and Article 715 of the Japanese Civil Code, also apply to foreigners.