The law of Japan allows compensation for injuries sustained in airline and aircraft accidents.

Accidents involving domestic aircraft

Japan has various legal codes that apply to passenger injury claims.

Airlines (‘Carriers’) are liable for damages regarding passengers (and their baggage and possessions) under what approximates to the law of torts, ie negligence.

The Civil Code and the Commercial Code apply to the liability of an air carrier for passenger injury or death occurring during domestic carriage.

The airline can defeat a claim if it proves it is not at fault or the accident occurred without any cause. Liability may be affected by the Carrier’s conditions of carriage, ie airline ticket terms & conditions.

If several parties are proved to have been at faultt, each will be jointly and severally liable to injured passengers.

The claim must be filed within five years from the time that the injured person discovers their injury and the identity of the at-fault party but is time barred after 20 years from the time of the event.

All claims are in effect, against the Carrier’s insurer.

Accidents in international carriage

Japan is a party to the Montreal Convention which imposes a two-tier liability regime, under which the carrier is strictly liable up to 100,000 special drawing rights (SDR) for death or injury of passengers, and liable for damages over 100,000 SDR based on fault.

The Montreal Convention became effective in Japan in 2003.

All claims are in effect, against the Carrier’s insurer.

• An unofficial English translation of the Commercial Code may be found here.
• An unofficial English translation of the Civil Code may be found here.
• An unofficial English translation of the Code of Civil Procedure may be found here.
• An unofficial English translation of the Act on General Rules for Application of Laws can be found here.

Carter Capner Law conducts claims – with Japanese colleagues where required – for aircraft accidents in Japan and international accidents involving Japanese aircraft.