Liability in joint tort cases?

Art. 719(1)
Civil Code section
Full liability
Liability type
No apportionmen
Default rule
3 years
Limitation period
The Short Answer

In Japan, joint tortfeasors are jointly and severally liable for the entire damage under the Civil Code. Each tortfeasor may be sued for full compensation, and the injured party may choose which one(s) to pursue.

What the Law Says

Japanese civil law imposes strict joint and several liability on persons who jointly commit a tortious act causing harm.

When two or more persons jointly cause harm through a tort (e.g., coordinated negligence or intentional wrongdoing), they are all fully liable for the entire damage — not just a share. The injured person may demand full compensation from any one of them, regardless of individual contribution to the harm.

This rule applies even if the tortfeasors acted without common intent — mere joint causation is sufficient under Article 719(1) of the Civil Code. After paying the full amount, a tortfeasor who overpaid may seek contribution from the others, but that internal division does not affect the victim’s right to full recovery from any single defendant.

The statute of limitations for tort claims in Japan is generally three years from when the victim knew of both the damage and the identity of the tortfeasor (Civil Code Art. 724).

Statutory Text

If a number of persons have jointly committed a tort, each of them shall be jointly and severally liable for the damage.

— Civil Code, Art. 719(1) — Joint Tortfeasors

What to Do

1

Identify all parties whose conduct contributed to the harm — including those acting without agreement but whose acts combined to cause damage.

2

File a claim against one or more joint tortfeasors for the full amount of proven damages.

3

If one defendant pays in full, they may later seek proportional reimbursement from co-tortfeasors through a separate action.

4

Act within the 3-year limitation period starting from knowledge of damage and tortfeasor identity.

Sources

statuteCivil Code, Art. 719(1) — Joint TortfeasorsstatuteCivil Code, Art. 724 — Limitation Period for Tort Claims

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-09.