JapanInjured by road defect. Who can I claim against?
You may claim against the road manager — typically the national government, prefecture, or municipality — under the State Compensation Act if the defect resulted from their negligence in maintenance.
What the Law Says
In Japan, claims for injuries caused by road defects are governed by the State Compensation Act, which holds public entities liable for damages caused by unlawful acts of their employees or by deficiencies in public works management.
Under Article 1 of the State Compensation Act, the state or a public entity is liable for damage caused to others by its employees acting within the scope of their duties — including failure to properly maintain roads.
Article 2 applies specifically to public works like roads: if damage arises from a defect in the installation or management of public facilities (e.g., potholes, cracked pavement, missing signage), the managing authority is liable — provided the defect was due to negligence or lack of due care.
The 'road manager' depends on the road type: national highways are managed by the national government; prefectural roads by the prefecture; municipal roads by the city/town/village. Liability attaches to whichever entity had the legal duty to inspect and maintain that road.
A claim must be filed within two years from when the injured person knew (or should have known) both the damage and the identity of the responsible party.
Statutory TextThe State or a public entity shall be liable to compensate any loss sustained by others through the tortious conduct of its employees in the course of their duties.
— State Compensation Act, Art. 1 — Liability for Tortious Conduct of Employees
Statutory TextWhere loss is incurred as a result of a defect in the installation or management of public works, the State or a public entity shall be liable to compensate for such loss if it fails to exercise due care in the installation or management thereof.
— State Compensation Act, Art. 2 — Liability for Defects in Public Works
What to Do
Identify the road manager (check road signs, consult local government website, or contact the police report office)
Gather evidence: photos/videos of the defect, medical records, witness statements, and official accident report
Send a written notice of claim to the responsible public entity within 2 years of discovering the injury and cause
If denied or unresolved, file a civil lawsuit at the district court with jurisdiction over the defendant’s location
Sources
Same Question, Other Jurisdictions
Ireland
UKNot 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.