The Present and Future of Product Liability Dispute Resolution in Japan

Nottage, Luke R.

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The Present and Future of Product Liability Dispute Resolution in Japan

William Mitchell Law Review, Vol. 27, No. 1, pp. 215-235, October 2000

21 Pages Posted: 8 Nov 2005

See all articles by Luke R. Nottage

Luke R. Nottage

The University of Sydney - Faculty of Law; The University of Sydney - Australian Network for Japanese Law; University of Wollongong

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

Suggested Citation: Suggested Citation

Nottage, Luke R., The Present and Future of Product Liability Dispute Resolution in Japan. William Mitchell Law Review, Vol. 27, No. 1, pp. 215-235, October 2000, Available at SSRN: https://ssrn.com/abstract=837925