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KAYNEX LAW OFFICES

KAYNEX LAW OFFICES

Tokyo, Japan

Founded in 2016
50 people in their team
Kaynex provides all of its clients with high quality services that are based on our lawyers’ extensive experience at leading domestic and...
Japanese
English

About Dangerous Product Law in Tokyo, Japan

In Tokyo, as in the rest of Japan, the laws concerning dangerous products are designed to protect consumers from harm caused by defective or unsafe products. These laws obligate manufacturers, distributors, and sellers to ensure their products meet safety standards and do not pose a risk to consumers. The legal framework includes the Product Liability Law (PLL), which holds manufacturers liable for damage caused by defects in their products, and the Consumer Product Safety Act (CPSA), which regulates the safety of consumer goods.

Why You May Need a Lawyer

Legal assistance is often sought in situations where an individual has been injured or has suffered losses due to a dangerous or defective product. This can occur in a variety of scenarios, including but not limited to defective electronics causing fire or injury, harmful side effects from pharmaceuticals, children’s toys that pose choking hazards, or automotive parts that malfunction. A lawyer specializing in this field can help victims understand their rights, navigate the complexities of product liability law, and seek compensation for their injuries or losses.

Local Laws Overview

The key components of Tokyo's legal framework relevant to dangerous products include the Product Liability Law (PLL) and the Consumer Product Safety Act (CPSA). Under the PLL, a manufacturer can be held liable for damages without the victim having to prove negligence if a product defect can be demonstrated. The CPSA requires businesses to report any serious product-related accidents to the government and to take measures such as product recalls if a product is found to be unsafe. Additionally, Japan’s Ministry of Economy, Trade, and Industry (METI) oversees product safety and can issue directives for corrective measures.

Frequently Asked Questions

What constitutes a product defect under Japanese law?

A product defect could be any flaw in design, manufacturing, or instructions/warnings that makes a product unsafe for its intended use or beyond what an ordinary consumer would reasonably anticipate.

How do I prove product liability in Tokyo?

Proving liability typically requires demonstrating that the product was defective, the defect caused injury or damage, and the victim used the product as intended or in a reasonably foreseeable manner.

What types of compensation can I seek?

Victims can seek compensation for medical expenses, lost income, pain and suffering, and, in some cases, punitive damages, depending on the circumstances of the case.

Is there a time limit for filing a product liability claim in Tokyo?

Yes, there is a statute of limitations. Claims under the Product Liability Law must be filed within three years from the day the victim became aware of the damage and the liable party or within ten years from the time the defendant delivered the product.

Do I need to keep the damaged product?

Yes, preserving the product is crucial for evidence. Do not attempt to fix it, as doing so could affect your claim.

Can I file a claim for a product bought overseas?

If the product caused harm while you were in Japan and the manufacturer or seller does business in Japan, you might be able to file a claim.

What if I’m partially at fault for the incident?

Japan applies comparative negligence, so compensation might be reduced based on the victim's share of fault.

Are punitive damages available in dangerous product cases in Japan?

While rare, Japanese courts may award punitive damages in egregious cases of manufacturer negligence or malicious intent.

How do I report a dangerous product?

Dangerous products can be reported to METI or the Consumer Affairs Agency (CAA) in Japan, which handle complaints and investigations related to product safety.

What role do safety regulations play in a product liability case?

Compliance with safety regulations can influence liability. However, even if a product meets regulatory standards, manufacturers can still be held liable for defects.

Additional Resources

For those seeking more information or needing to report a dangerous product, the Consumer Affairs Agency (CAA) and the Ministry of Economy, Trade, and Industry (METI) are valuable resources. Both agencies offer guidance on consumer rights, safety recalls, and how to file complaints. Additionally, the Japan Product Liability Association offers resources for legal assistance and education on product safety and liability laws.

Next Steps

If you believe you have a claim related to a dangerous or defective product in Tokyo, the first step is to consult with a lawyer who specializes in product liability. Gather all relevant documentation, including medical records, receipts, and correspondence related to the product. Your lawyer can then help you understand your rights, evaluate the strengths of your case, and guide you through the process of seeking compensation.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.