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Dangerous product law covers injuries, property damage, and public hazards caused by defective, unsafe, or improperly labeled products. In Japan this area draws on several national laws and local administrative practices that also apply in Shizuoka Prefecture. Key legal avenues include strict product liability under the Product Liability Act, tort claims under the Civil Code, consumer-protection statutes, and sector-specific safety and licensing laws for pharmaceuticals, food, chemicals, electrical products and transportation. Administrative bodies can order recalls or issue safety warnings, while courts decide civil compensation and criminal authorities may pursue culpable misconduct in severe cases.
Dealing with a dangerous product can raise complex legal, medical and technical issues. You may need a lawyer when:
- You or a family member suffered injury or illness that you believe was caused by a product.
- You want to claim compensation for medical costs, lost wages, rehabilitation, or pain and suffering.
- A business refuses to accept responsibility or offers an inadequate settlement.
- You need help preserving and documenting evidence such as the product, packaging, receipts, photos and medical records.
- You face a recall, product seizure, or administrative action as a manufacturer, seller or distributor and need to protect your legal position.
- The case involves technical causes, expert witnesses, or multiple potentially liable parties and you need coordinated legal and scientific analysis.
- You want to file a criminal complaint because the product harm may involve reckless misconduct or falsified safety data.
Lawyers help evaluate legal claims, calculate damages, negotiate with manufacturers or insurers, prepare and file lawsuits, handle settlement talks, engage experts, and represent you in court or administrative proceedings.
Although national statutes govern most product-safety rules, Shizuoka residents will rely on local offices and prefectural enforcement to handle complaints and recalls. Key legal instruments and practical points relevant in Shizuoka include:
- Product Liability Act: Establishes strict liability for manufacturers and, in certain cases, importers and suppliers for damage caused by defective products. Plaintiffs generally must show the product had a defect, the defect caused damage, and a causal link exists. There are statutory limitation periods and limited defenses for manufacturers in narrow circumstances.
- Civil Code - Tort and Contract Law: Claims can be based on negligence or breach of contractual obligations. Tort claims require proof of unlawful act, damage, and causal link. Contract-based claims can arise if the product failed to meet express or implied guarantees.
- Consumer Contract Act and Consumer Safety Laws: Provide protections against unfair contract terms, misleading representations, and unsafe consumer products. Administrative authorities can order corrective action, guidance or recalls.
- Consumer Product Safety Act and Consumer Affairs Agency rules: The national Consumer Affairs Agency manages product-safety reporting, recall coordination and public warnings. Local consumer centers and the prefectural government assist consumers in Shizuoka.
- Sector-specific laws: Certain products are governed by specialized rules and regulators. Examples include the Pharmaceuticals and Medical Devices Act for drugs and medical devices, the Food Sanitation Act for food, the Electrical Appliance and Material Safety Law for electrical goods, and chemical regulations that cover hazardous substances. Violations under these regimes may lead to administrative sanctions, criminal prosecutions or additional civil remedies.
- Fire Service Act and hazardous materials rules: Storage, handling and transport of flammable or hazardous goods are regulated locally and by national standards. Municipal and prefectural fire departments and industrial safety offices enforce these rules in Shizuoka.
In practice you will interact with national statutes but also with Shizuoka Prefectural government offices, local consumer centers, public health centers and the Shizuoka Bar Association when pursuing remedies or reporting hazards.
There is no single checklist, but a product may be legally defective if it is unreasonably dangerous when used as intended or in a reasonably foreseeable way, if required warnings or instructions are missing or inadequate, or if the product failed to meet ordinary safety expectations. A lawyer and technical experts can help determine whether the conduct of the manufacturer, seller or distributor gives rise to a legal claim.
Possible damages include medical expenses, future medical and rehabilitation costs, lost income, loss of earning capacity, damage to property, and compensation for pain and suffering or mental distress. The exact categories and amounts depend on the facts, medical evidence and legal theory used in the claim.
Potentially liable parties include manufacturers, importers, distributors, wholesalers and retailers. Under the Product Liability Act the manufacturer has principal strict liability, but sellers may face liability under contract or negligence theories. Identifying the right defendants is an important early step.
Deadlines depend on the legal theory. Under the Product Liability Act there is generally a statutory limit requiring action within a set period after the injured person became aware of the damage and the liable party, and an absolute limit counting from the date the product was put into circulation. Other tort or contract claims follow different limitation rules. Because time limits can be short, consult a lawyer promptly to preserve your rights.
Yes. Preserve the product, any packaging, instructions, labels and proof of purchase. Take detailed photos from multiple angles, keep medical records and note the timeline of events and witnesses. Do not alter the item and avoid disposing of it unless instructed by authorities. A lawyer can advise how to preserve evidence correctly and whether to send items to experts for testing.
Yes. You can report unsafe products to local consumer centers, the Shizuoka Prefectural office or national bodies such as the Consumer Affairs Agency. Administrative reports can lead to product warnings, recalls, or formal investigations. An administrative report does not prevent civil litigation and may support a civil case.
Manufacturers or insurers may offer early settlements. A lawyer can evaluate whether the offer fairly compensates your present and future losses, negotiate improved terms, and ensure release language does not waive important future claims. Avoid signing settlement documents without legal advice.
Duration varies with case complexity. Many cases settle before trial. If litigation proceeds, civil lawsuits in Japan can last from several months to multiple years depending on the need for expert evidence, the court calendar and appeals. Alternative dispute resolution or negotiation may shorten the timeline.
Yes. Japan has public support options such as the Japan Legal Support Center - Houterasu and local legal aid programs that may provide consultations or financial assistance depending on income and case merits. The Shizuoka Bar Association also operates referral services and free or low-cost initial consultations in some circumstances. A lawyer can explain fee structures, contingency-fee possibilities and eligibility for legal aid.
Yes. When a product-related incident involves willful misconduct, gross negligence, data falsification, or violations of criminal statutes, prosecutors can pursue criminal charges in addition to civil claims. Victims can file complaints to prompt criminal investigations, but criminal proceedings are separate from civil compensation claims.
Useful organizations and offices to contact or research when dealing with a dangerous product in Shizuoka include:
- Shizuoka Prefectural Consumer Affairs Center and local municipal consumer centers for reporting consumer complaints and obtaining guidance.
- Consumer Affairs Agency - national authority that coordinates product safety warnings and recalls.
- National Consumer Affairs Center of Japan for consumer consultation support and information about product recalls.
- Japan Legal Support Center - Houterasu for information on legal aid, consultations and possible financial support for legal costs.
- Shizuoka Bar Association for lawyer referral services and information on attorneys who handle product liability, personal injury and consumer protection matters.
- Local public health centers and the Shizuoka Prefectural government departments for product categories such as food, medical devices or chemicals.
- Relevant national ministries and agencies by product type, for example the Ministry of Health, Labour and Welfare for pharmaceuticals and food safety, and the Ministry of Economy, Trade and Industry for industrial and electrical product safety. These bodies issue safety standards and recall notices that may be relevant to your case.
- Independent testing laboratories and technical experts in product engineering, medicine or chemistry for evidence and expert reports when litigation is contemplated.
If you are dealing with a dangerous product, follow these practical steps to protect your rights and health:
- Seek medical attention immediately if you are injured. Obtain and keep all medical records, bills and doctor statements linking the injury to the product.
- Preserve the product and any packaging, manuals, labels and proof of purchase. Photograph the item, the place and circumstances of the incident, and any visible injuries.
- Report the incident to your local consumer center and the Shizuoka Prefectural office to create an administrative record and trigger potential safety actions or recalls.
- Collect witness names and contact information, and create a clear timeline of events while memories are fresh.
- Contact a lawyer experienced in product liability or consumer protection. Use the Shizuoka Bar Association referral service or Houterasu if you need help finding counsel or assessing fee options.
- Ask the lawyer about immediate legal steps such as issuing a preservation request, calculating damages, collecting expert testimony and preparing demand letters. Discuss statute-of-limitations deadlines so you act within required timeframes.
- Consider alternative dispute resolution or negotiation as early settlement may be possible; at the same time prepare for litigation if necessary.
Acting promptly and preserving evidence are the most important early actions. A qualified lawyer in Shizuoka can guide you through administrative reporting, settlement negotiation, expert appraisal and court proceedings to pursue fair compensation and to protect public safety.
