In assigning responsibility for accidents it is not always clear who the negligent party is. In many cases there will have been a string of incidents leading up to the accident in question and there may be multiple cases of careless behavior. Having an attorney help with litigation or negotiation related to an accident in Japan can help make it clear what each parties’ legal responsibilities are.
Japanese law dictates that only the parties responsible for the damage shall be held liable in negligence. In these situations a judge will look for a chain of causation between the damage to the victim and the actions of the accused. This chain can lead through multiple people, holding each one individually responsible for all of the damage or only part of it. Because negligence lawsuits are so dependent on how the judge views the facts, the outcome of these lawsuits rests heavily on the arguments made by both parties’ attorneys.
If you have any questions about filing a lawsuit in Japan, please contact our office for a legal consultation.