Carter Capner Law handles aircraft and airline injury compensation claims throughout most of the world, including accidents involving airlines, light aircraft, helicopters, charter flights and commuter aircraft. This includes aircraft accidents in Japan and on Japanese airlines internationally. We act for pilots, passengers and aviation employees.
What to Do if You Have Been Injured in an Airplane or on an Airline
The law of Japan allows compensation for injuries sustained in airline and aircraft accidents. The legal framework differs depending on whether the accident occurred during domestic or international carriage.
Accidents Involving Domestic Aircraft
Japan has various legal codes that apply to passenger injury claims.
Key Points
Carrier Liability: Airlines (Carriers) are liable for damages regarding passengers and their baggage and possessions under what approximates to the law of torts, ie negligence.
Applicable Codes: The Civil Code and the Commercial Code apply to the liability of an air carrier for passenger injury or death occurring during domestic carriage.
Defences: 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 and conditions.
Joint Liability: If several parties are proved to have been at fault, each will be jointly and severally liable to injured passengers.
Time Limits
Primary Limitation Period: 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.
Absolute Bar: Claims are 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. The carrier is strictly liable for death or injury of passengers up to 151,880 special drawing rights (SDR) — the figure set by the periodic revision that took effect on 28 December 2024, replacing the 128,821 SDR limit that applied from 2019 and the 100,000 SDR originally written into the treaty. Above that ceiling the carrier is liable unless it proves the damage was not due to its own negligence, or was solely the fault of a third party.
Time limit. Article 35 of the Convention extinguishes the right to damages if proceedings are not filed within two years of the aircraft’s arrival, or the date it ought to have arrived. This is far shorter than the Japanese domestic periods above, it applies to international carriage regardless of where the claim is brought, and it cannot be extended.
The Montreal Convention became effective in Japan in 2003.
All claims are in effect, against the Carrier’s insurer.
Relevant Legal Resources
- Commercial Code: An unofficial English translation may be found here.
- Civil Code: An unofficial English translation may be found here.
- Code of Civil Procedure: An unofficial English translation may be found here.
- Act on General Rules for Application of Laws: An unofficial English translation 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. If you or a loved one has been injured in an aircraft accident, contact us to discuss your compensation rights.