Japan's Product Liability Act (1995) enables strict liability claims without proving manufacturer negligence (Art. 3). Three defect types (Art. 2(2)): design defects (safer alternative design existed), manufacturing defects (deviation from design), and warning/instruction defects (inadequate safety warnings). Liable parties include manufacturers, processors, importers, and OEM brand owners (Art. 2(3)). Defenses: development risk (Art. 4(1)) and component maker following assembler's design (Art. 4(2)). Time limits: 3 years from knowledge of damage, 10 years from product delivery (Art. 5). Preserve defective product as evidence.
Product Liability in Japan: Claiming Damages for Defective Products
Key Takeaways
- ✓Under the PL Act, damages can be claimed without proving manufacturer negligence
- ✓Victims only need to demonstrate the defect and causal relationship
- ✓Claims must be filed within 3 years of discovering harm, or 10 years from manufacture
- ✓Always preserve photos and the defective product itself as evidence
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