Product Safety and Liability Law in Japan: From Minamata to Mad Cows

By Luke Nottage | Go to book overview
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Appendix A

Translation of Japan's PL Law
Product Liability Law (Seizobutsu Sekinin Ho, Law No. 85, 1994)
Article 1: purpose
By setting forth the liability of manufacturers, etc. for compensatory damages for harm to a person's life, health or property owing to defects in products, this Law aims to protect the harmed person, and thereby (motte) to contribute to stability and improvement in consumer lifestyle (shohi seikatsu) and to the sound development of the national economy.
Article 2: definitions
(1) 'Product':

Manufactured or processed movables (dosan).

(2) 'Defect':

The lack of safety a product ought to have, taking into account the nature of the product, its normally foreseeable manner of use, the time it was delivered, and all other circumstances relating to the product.

(3) 'Manufacturer':
(1) Any person who produces, processes or imports a product as a business.
(2) Any person who presents its name, trade name, trademark or other mark ('presents its name, etc.') on the product as its manufacturer; or presents its name, etc. on the product so as to create the mistaken impression that it is the manufacturer.
(3) Any person, other than those listed in paragraphs (2) and (3), who presents its name, etc. on the product and who can be recognized as the manufacturer in fact, considering, the manner in which the product is manufactured, processed, imported or sold and other circumstances.

Article 3: product liability

The manufacturer, etc. shall be liable to compensate for damage arising from a defect in a product which it has delivered and manufactured, processed,

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