When is operator liability denied?

What the Law Says

Under Japan’s Civil Code, an employer (or 'operator') is generally liable for torts committed by employees in the course of employment. However, liability may be denied if specific statutory conditions are met.

Article 715(2) of the Japanese Civil Code provides the sole statutory basis for denying operator liability. It states that an operator is not liable if they prove they 'took all necessary measures to prevent the harmful act' — or if the damage occurred 'solely due to force majeure or the intentional act of a third party.'

This provision places the burden of proof squarely on the operator. They must affirmatively demonstrate both the reasonableness and sufficiency of preventive measures — not merely that some steps were taken.

‘Force majeure’ under Japanese law means an unforeseeable, unavoidable external event beyond human control (e.g., major natural disasters). Mere difficulty or unexpectedness is insufficient.

The ‘intentional act of a third party’ exception applies only when the third party’s conduct was truly independent, unforeseeable, and wholly severed from the operator’s sphere of control or supervision.

Statutory Text

The employer shall not be liable if he proves that he took all necessary measures to prevent the harmful act, or that the damage occurred solely due to force majeure or the intentional act of a third party.

— Civil Code of Japan, Art. 715(2) — Employer's Liability

What to Do

Sources