The Present and Future of Product Liability Dispute Resolution in Japan

Abstract

This article begins by outlining a revival of Product Liability (PL) in Japan over the 1990s, evident from suits filed under the venerable Civil Code as well as the strict-liability PL Law added in 1994, and PL claims beyond the courtroom. However it suggests the need for a new paradigm for PL and product safety, given limits to standardisation in this area of tort law. Growing social and scientific complexities implied the needs for multi-level normative responses, illustrated by Japan's response to safety problems with konnyaku jelly snacks in the late 1990s.

Keywords: japan, product liability, tort law, comparative law

JEL Classification: K13, K29